Mediation

Mediation can be beneficial to plaintiffs and defendants.  Mediators are specially trained to help people with conflicts find constructive ways to resolve them.  Even if the other party involved in the case seems unreasonable or you have already tried to resolve your case, mediation may still be helpful.  Mediation allows the parties involved in the case to choose solutions that work best for them.  When parties take their case to court before a judicial officer, there is a risk that neither party will get the outcome that she/he wants.  Mediation allows the parties to retain control over what happens in their case. Mediation is particularly effective and beneficial when the relationship itself, whether between neighbors, business partners or simply community members in a small town, is itself important.

Benefits of Mediation

•  Promotes communication and cooperation -- both parties can be heard and discuss aspects of the case important to them.
•  Helps people end problems, not relationships
•  Prevents the escalation of conflict
•  Allows the people with the conflict to choose the solutions that work best for them
•  Parties can structure payment plans that fit within their budgets
•  Allows parties to keep the issues in their case confidential
•  People who create their own agreements are more likely to follow through with their promises  

The mediation session takes place outside the courtroom on the day scheduled for the trial.    Both the plaintiff and defendant must agree to participate in the process.  A mediator from the program will meet with you and the other party in your case.  You do not need to make an appointment ahead of time to participate in mediation on the day of your hearing, however, you may call the FRC ahead of time if you wish to try and resolve your Small Claims case prior to the hearing date.

If your case is resolved through mediation, you and the other party will sign a document that outlines what you both have agreed to do.  The document will become a part of the court file.  If you are not able to resolve your case through mediation, you will go back into the courtroom and a judicial officer will hear your case.  Mediation will not delay your opportunity for a court hearing.  If not all issues in the case are resolved in mediation, those can be heard by the judge after mediation.