Cases filed in Small Claims Court must be mediated before trial.
This means that before you present your case to a judge,you must first try to settle your case in mediation. If you want to try to settle your dispute through mediation before filing a claim, you may contact The Mediation Center of the Pacific at 521-6767. Parties are encouraged to try to settle their dispute through mediation before filing a claim.
HOW DOES MEDIATION AT SMALL CLAIMS COURT WORK?
The judge will briefly explain about the Small Claims process. Then the Court Clerk will call each case and instruct the parties in contested cases to go with a mediator.
The mediator and parties meet together and parties have an opportunity to express their point of view. The mediator helps the parties work out an agreement. Mediators do not judge, or tell parties what to do; the parties create the agreement. All Small Claims mediators are trained by The Mediation Center of the Pacific.
WHAT HAPPENS IF WE REACH AN AGREEMENT?
The mediator will help put the agreement in writing. The parties receive copies of the agreement, and return to the court room where it is presented to the judge. The agreement can become a court record.
WHAT HAPPENS IF WE DON’T REACH AN AGREEMENT?
The case will go to trial, usually that same day.
WHY SHOULD I MEDIATE?
YOU DECIDE. Once a judge makes a decision in a Small Claims case, at least one party (and sometimes all) leaves unhappy. There is no right of appeal. In mediation, the parties, with the help of a mediator, decide the solution. Mediation offers an opportunity to be creative.
CUSTOMIZED SOLUTIONS. Even if you ‘win’ your case, the court does not collect the money for you. The collection process can be time consuming. A mediator can help you develop an agreement that meets the circumstances of your case (including a clear payment plan).
PRIVATE. A court judgment may appear on your credit records, and courts are public places. Mediation offers more privacy.
ARE THERE ADVANTAGES TO MEDIATING AT THE MEDIATION CENTER OF THE PACIFIC?
Yes.
Some advantages you should consider before filing a claim are:
Convenience. Small Claims Court assigns you a date and time to appear. You must wait your turn until your case can be mediated and/or tried.
At The Mediation Center of the Pacific (MCP),there is flexibility in picking the time. MCP has mediators available Monday through Friday, day and evening, and Saturday morning.
Time. Due to the large number of cases in court and the set time period for Small Claims cases, mediation at court is usually limited to approximately 15 to 20 minutes.
Mediating at MCP allows you to take the time you feel is necessary to work out an agreement. You can come back and ‘fine tune’ the agreement if everyone feels that changes would be helpful. (If you tried mediating at MCP, you do not have to mediate again at Court.)