MEDIATING YOUR CASE.

At the time of filing, or on the day of trial, you may be asked by the court to mediate your dispute with the other party. There are no additional fees for attending mediation in the Justice Court. While mediation is not mandatory it is usually the last opportunity for the parties to settle their dispute without appearing before the court. During mediation a neutral person, the mediator, will discuss the case privately with both parties and will encourage communication between the parties in the hope of reaching an agreement. Each side will be asked to share his or her story. You may discuss your case freely during mediation and you may share evidence. Anything you share during mediation is strictly confidential and cannot be revealed later during a trial. Remember to be calm and respectful to all parties during mediation.

The mediator is NOT a judge and cannot make any determination about your case or force you to settle. The mediator will simply assist both parties in negotiating the dispute. If you negotiate an agreement during mediation, the mediator will write down the terms of the agreement and ask both parties to sign. You will receive a copy of the agreement to keep for your records and a copy will be filed with the court. The agreement is essentially a written contract and is enforceable in a court of law. If the person you are suing does not follow the terms of the agreement, you can always return to court and ask the court to enforce the agreement. If you cannot come to a resolution during mediation the court will hear your case as planned.