It is important 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.
What is mediation?
Mediation is a process that helps people who have a disagreement to
reach a settlement. A mediator is a neutral person who has no involvement
with the case, is not a party to the lawsuit and is not a lawyer
for any party. The mediator’s role is to help the parties reach
a settlement.
Who are the mediators in small claims court?
The mediators in most small claims courts are trained volunteers. They
may be lawyers, law students, retired teachers, public officials, business
people or anyone else who has an interest in mediation and the wiliness
to be trained as a mediator. They cannot represent or favor the interests
of either side to the dispute they are mediating, and they cannot testify
later about any discussions held during the mediation process.
What is the cost of mediation in small claims court?
Most of the small claims courts in Oregon that have a mediation process
provide it at no cost to the parties.
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 small claims 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,
the parties meet with the mediator to see if they can agree to an outcome
for the dispute, rather than have the judge make the decision. If the
parties reach an agreement, the mediator puts the agreement into writing,
the parties sign it and everyone returns to the courtroom where the
judge approves the settlement agreement. After the judge signs the
necessary documents, the settlement takes effect. If the parties try
but do not reach an agreement, they go before a judge who hears and
decides the 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,
the parties 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 only 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.
Legal editor: William J. Boyd, April 2008