Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding mediation of small claims is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

What is mediation?
Mediation is a process that helps people who have a disagreement reach a settlement. A mediator helps the parties reach a settlement and is a neutral person who has no involvement with the case, and is not a party to the lawsuit nor a lawyer for any party.

Who are the mediators in small claims court?
The mediators in most small claims courts are volunteers who are trained as mediators. They may be lawyers, law students, court clerks, retired teachers, public officials, or business people. They cannot represent or favor the interests of either side to a lawsuit they are mediating, and cannot testify later about any discussions held during a mediation.

What is the cost of mediation in small claims court?
Most of the small claims courts who have mediation provide the mediators at no fee.

What happens in small claims court mediation?
When a small claims case is filed, and the defendant requests a hearing, the courts schedule a hearing or a mediation time, when the parties can come to the court to try to resolve the case. In some counties, the court schedules a hearing, and at the time of the hearing, the parties are either required or invited to go with a mediator to a different room from the courtroom. There, they meet with the mediator to see if they can agree to an outcome for the lawsuit, rather than have the judge make the decision. If the parties reach an agreement, then the mediator takes them back to the courtroom, and the judge approves the settlement agreement and signs the necessary documents for the settlement to take effect. If the parties do not reach an agreement, they go before a judge who hears and decides each case.

In other counties, the court schedules a day for the parties to come to the court to meet with a mediator, but if the case does not settle, they are required to return to the court at a later date for a hearing before the small claims judge.

With either procedure, if the case does not settle, the small claims judge is not told of the parties' positions during the mediation settlement talks. The judge decides the case based on the evidence presented in the courtroom. Other than a greater investment of time, there is no penalty for involvement in mediation, nor any additional cost if the case does not settle in mediation.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.