Mediation is free in small claims court for all litigants, even those who are represented by lawyers, as long as the plaintiff and defendant agree to mediate their case. When the judge calls a case on the docket, litigants are given an opportunity to choose mediation and work out their dispute with the assistance of a neutral third party mediator. The parties mediate privately outside the courtroom, and if an agreement is reached, that agreement is as enforceable by the court as a judge’s decision would be. After mediation, the parties return to the courtroom where the judge approves the decision and speaks briefly to the litigants before they leave court. If no mediation agreement is reached, the judge will try the case. 

The purpose of small claims mediation at the Twenty Third Judicial District Court is to serve Madison County by providing quality mediation services as an efficient, cost-effective, and satisfying alternative means of resolving civil court disputes. The goal of mediation is to solve disputes and preserve relationships between individuals.

What is mediation?

Mediation is a process in which a neutral third party (a mediator) helps disputing parties achieve a resolution that satisfies both of them. The mediator’s primary objective is to encourage constructive communication between parties so that a mutually satisfying agreement can be reached. Mediators do not impose decisions. They help people find resolutions that will work for them.

How is mediation different from arbitration?

The role of an arbitrator is similar to the role of a judge. The arbitrator decides how the dispute will be resolved. The role of the mediator is to encourage the disputing parties to reach their own agreement, and to write out precisely how they will carry out the resolution of their dispute.

Who will attend the mediation?

The parties involved in the dispute, or their representatives, should be involved in the mediation. Parties must have the authority to negotiate and enter into an agreement. Please do not bring children or individuals who do not have authority to negotiate. All parties must agree on who will attend the mediation. If parties cannot agree, no mediation will be held.

How much does mediation cost, and how much time does it take?

Mediation is free. Mediations can last as long as an hour, but the average time is 30 minutes.

Do I have to be willing to compromise?

No. Some agreements will involve compromise, but not all of them. Mediators do not pressure disputing parties into bi-lateral compromise. If a party cannot agree upon the terms requested by the other party and would rather have a judge settle the dispute, the mediation will end and parties will return to the courtroom.

What should I bring to the mediation?

Bring the same type of documents you would show to the judge to support your claim. Invoices, statements, proofs of payment, contracts, and photographs are useful, and should be arranged in chronological order.

What will happen at the mediation?

There are four parts to mediation:  the introduction, the discussion of issues, the development of options, and the written agreement. The mediator will explain further details of each part during the introduction and will guide you through the process.

What will happen after the mediation?

The mediator and the parties will return to the courtroom and will present their written agreement to the judge. The judge will read the agreement and go over the agreement with the parties. The judge will then sign the agreement. Once the judge signs the agreement, it becomes a judgment. The judge will keep a copy of the judgment for the court, and will give each party a copy.

What if the other party does not abide by the agreement?

The agreements reached through mediation are usually carried out by the litigants. If one party refuses to follow the mediation agreement, a court-approved mediation is as enforceable as any other judgment.   

If you have any questions, please contact Marjorie Stellingwerf, Ph.D., Mediation Program Coordinator by email at  mas@swcp.com.