Mediation - Small Claims
Mediation Process
Once you have served your claim or you have been served with a claim, you are to:
- Contact the Mandell-Gisnet Center at (831) 582-5234 at least 5 days before your hearing.
Once you contact the Mandell-Gisnet Center, a representative will reserve your mediation session hour that will take place two days before your trial. You will be given either log in instructions or the telephone number that you will need to call to appear by on-line video (such as Zoom) or telephonically for your session.
Note: Only the parties named in the action participate in the mediation session (witnesses do not participate and should not be present).
Parties that complete and reach a settlement agreement will receive instructions from the Mandell-Gisnet Center with regards to the signature of the agreement. The parties' agreement will be filed with the court and they will not be required to appear in court.
Parties that are not able to reach a settlement agreement will be required to appear for the trial and will be required to show all documentary evidence concerning their claim (including photographs and any other material) to the other party.
Mediation is confidential
Mediation is a confidential, voluntary process in which a trained mediator facilitates communication between the parties and assists parties in reaching a mutually acceptable resolution of all or part of their dispute. Mediation is a flexible and less formal process that may reduce the time and costs often associated with the trial. If an agreement is reached, the parties can agree to make it legally enforceable.
Mediation may be particularly useful when parties have a relationship they want to preserve. For example, when family members, neighbors, or business partners have a dispute, mediation may be the most effective process to use. Mediation is also effective when emotions are getting in the way of resolution. An effective mediator can hear the parties and help them communicate with each other in an effective and constructive manner.
No. The mediator is not the decision-maker and does not resolve the dispute -- the parties do. The mediators are impartial and do not give legal advice. However, a mediator is often able to more fully explore the parties' underlying interests, needs and priorities. The parties involved in the dispute make the decisions and the mediators and the parties work together to identify the issues that are most important for each side and then to find practical resolutions.
It is the policy of the small claims court that all small claims actions are referred to mediation prior to their hearing. The mediation services are free to all participants.
Mediation is offered and encouraged by the court for all small claims participants but is not mandated.
It is the policy of the small claims court that all small claims actions are referred to mediation prior to their hearing. The mediation services are free to all participants.
Mediation is offered and encouraged by the court for all small claims participants but is not mandated.
No. There is no cost to participate in the mediation that is court referred and conducted by the Mandell-Gisnet Center.
There are several advantages of mediation. Below are some highlights of the advantages of mediation:
Mediation is confidential.
Only the parties directly involved in the suit attend the mediation session. Mediators cannot be called to court to testify about the mediation session and offers made in mediation may be restated in court only by the party who made them. By contrast, a trial is open to the public and all information related to the trial is a matter of public record. A judgment may appear on the debtor's credit record for a period of seven years.
Mediation is flexible.
The parties can create options that work for both sides and develop practical solutions. In a trial, a judgment is based strictly on the law and the evidence presented. Plaintiffs who lose may not appeal. Defendants may appeal in Superior Court, but expenses and time frames are much greater.
Mediated agreements protect both parties.
The court keeps the original copy of the agreement until the terms are met. If the terms are not met (one of the parties defaults), the agreement can be converted to a judgment. However, experience has shown that mediated settlement agreements are rarely defaulted because they are the work of both sides.