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Some counties have set up mediation programs for cases that have already been filed with the court. Usually, mediation is not set up until the people come to the courthouse for the hearing, held before a Judge or Magistrate. A Magistrate is basically the same as a Judge, only with fewer powers. Often it is a Magistrate who decides a Small Claims dispute. The Judge or Magistrate will then ask the parties if they want to try mediation. If they both want to try it, a volunteer mediator will help them try to reach an agreement. If they don?t reach agreement, they can go back to the courtroom and have their hearing. In other places, mediation may be set up before the court hearing and may not even take place in the courthouse. In those places, a court hearing is only set up if mediation does not work.

If the parties come to an agreement, the Judge may make it an official court order. The mediator does not say who is right, or who should win. The mediator helps the parties come to their own agreement, instead of having the Judge tell them what will happen. Small claims court mediation is usually free. If you want to find out if your county has a small claims mediation project, or what it?s like, you can get more information from the clerk of court.

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