Can Mediation Be Used for Small Claims Lawsuits?

• Many people associate mediation with large commercial disputes, litigation, or divorce cases, but it can also be used for small claims cases.
• Some courts even require mediation before taking a small claims case to court.

Why Mediation Works for Small Claims

• Small claims cases are often more straightforward than large litigation cases.
• Examples of small claims include a damaged lawnmower, a car crash, or unpaid debts.
• Unlike complex litigation, the facts in small claims cases are simpler, making them more amenable to mediation.

The Role of a Mediator vs. a Judge

• A mediator is not a judge and cannot make binding decisions.
• However, mediators can highlight areas where both parties agree, potentially resolving 90% of the dispute.
• This allows for an agreement on a small portion of the case, avoiding the need for a court battle.

Why You Should Consider Mediation

• Mediation allows you to stay in control of your case.
• Unlike going to court, where a judge has the final say, mediation offers the possibility of a resolution that both parties can agree to.
• Mediation can save time, attorney fees, and court costs, making it a cost-effective option.

Can Mediation Work Even If One Party Doesn't Agree?

• Yes, you can still pursue mediation even if the other party doesn't want to participate. A mediator may help guide the process to a resolution, even without full cooperation from both sides.

Important Consideration: Mediators Don't Give Legal Advice

• While mediators can't offer legal advice, they can assist in resolving disputes before they escalate to court, helping both parties reach a resolution on their own terms.

Why Stay Out of Court?

• Once you go to court, you lose control of the outcome.
• Mediation provides an opportunity to resolve disputes without handing over control to a judge.