Mediation in Small Claims
- The Small Claims Mediation Program helps people in Small Claims cases see if they can reach a settlement agreeable to all participants and avoid the need for a trial.
- Mediators do not take sides. Their job is to help the participants reach an agreement that is mutually acceptable.
- Mediation sessions are confidential.
- Mediation sessions generally can last up to three (3) hours.
The court will refer your case to mediation on the day of your court date. All mediations are being held remotely unless an in-person mediation is requested and agreed to by the participants. You do not need an attorney to participate in small claims mediation.
Your case manager will send you an email 7 to 10 business days before your mediation date. The email will include information about the remote mediation process and instructions on how to participate. You will also get the link to join the virtual mediation and the contact information of your mediator and case manager.
You may ask for an in-person mediation. All participants must agree to an in-person mediation. To make a request you must submit an Application to Appear In Person within 24 hours of receiving the mediation scheduling email sent by your case manager. The case manager will follow up with the requesting party(s) within 24 hours of the request.
Yes, mediation is confidential. However, credible threats of violence and reports of abuse to children or elders are an exception to this rule.
Agreements reached in mediation will be approved by the Mediation Supervisor and entered into the Court record. All participants will receive a copy of the agreement.
If one side does not follow the terms of the agreement, the court will enforce the written agreement when it is notified that a participant is not following the terms.
If no agreement is reached, you will go before the judge for the next step in your case, which could be a hearing on a motion, remote status hearing or a trial.
If you are unable to reach an agreement, you will move forward to a remote status hearing before the judge and select a trial date. Participants may wish to consider the following information, when deciding to move forward with a trial:
- The Rules of Evidence are strictly followed.
- The judge makes a decision (called a verdict).
- A judgment is entered against one or more party.
- The verdict is appealable.