Mediate Your Small Claims Case

Forget about Judge Judy, Judge Joe Brown, and all those courtroom reality shows. If your Small Claims court offers a mediation program (as many courts across the country do these days), your judge may never hear your case. Why? It won't be necessary. Your judge will send you and the other party straight to mediation. And the odds that you come back holding an agreement in your hand are at least 50%, once you know (1) why it's in your best interests to mediate; and (2) how to make mediation work for you.


(1) Why It's In Your Best Interests to Mediate

Here are the main reasons why you should give mediation your best shot.

Control Over Your Agreement
In mediation, you have total control over your agreement. You and the other party decide what is fair and acceptable. In court, you can present your case -- through your testimony, evidence, witnesses -- but you have no control over the final decision of your judge. To make things worse, your Small Claims court may not give you the right to appeal; in other words, you must accept your judge's decision whether you like it or not.

If You Are Suing
Don't confuse winning in court with collecting your judgment. If you win, your judge is not going to write you a check. The burden of collecting your money is yours. Ask yourself: Is it going to be easy? How long could you have to wait before the other party coughs up all your money? Does he at least have a job?

If you can't answer those questions, your mediator can help you. Studies have shown that people we have reached an agreement on their own are far more likely to pay up than are people who had a judgment against them in court. Therefore, use mediation to your benefit. With your mediator's assistance, find out how much the other party can pay you, how soon, and negotiate a payment plan that fits within your budgets.

If You Are Being Sued
Unless you are 110% sure that your judge will dismiss your case, think twice before taking your chances in court. If your judge rules against you, that judgment -- no matter if it's only for a dime -- becomes automatically public record. As a result, it can affect your credit rating and show up on your credit report. If you'd rather avoid that risk, settle your dispute through mediation. As long as you honor your mediated agreement, it's like nothing has ever happened, and your credit rating won't be affected.


(2) How to Make Mediation Work for You

Since mediation gives you and the other party the opportunity to negotiate the terms of your own agreement, it works better if you have a plan. Before sitting down with your Small Claims court mediator and the other party, ask yourself:

  • What exactly do I want from the other party: money, an apology, both? If I expect to receive some money, what's the minimum amount I am willing to accept? And how long am I willing to wait: a few days, weeks, months?
  • If the other guy is willing to give me what I want, is there anything I'm willing to give him in exchange?
  • And finally, why do I think my proposal is fair?

Trust Your Judge

Now that you know why it's in your best interests to mediate and how to make mediation work for you, take your judge's advice and try to settle your dispute through mediation.

Besides, you have nothing to lose. If you and the other party cannot reach an agreement with the help of a neutral mediator, don't worry: your judge will take it from there and you can still have your day in court. Conversely, if the two of you arrive at a settlement, you'll be pleased - and so will your judge.