Difference between revisions of "Small Claims Mediation (20:X)"

Mediation is a flexible process that allows the mediator to help the parties achieve a settlement. A mediator is not necessarily a lawyer, but  is a skilled, experienced professional. Although mediation sessions can vary with respect to process, there are generally some standard steps that are followed.  

All parties and representatives will be seated at a table with one to three mediators. The mediators will describe the mediation process, and ask each person attending to sign an Agreement to Mediate. This must be signed in order for the mediation process to proceed. The Agreement to  Mediate form includes a confidentiality clause (any information disclosed in the session that is not otherwise discoverable is inadmissible and  mediators cannot be called to testify in later proceedings), and ensures that the parties present have full authority to settle the case.  

After signing the Agreement to Mediate, both parties will have a short time to tell their story. The mediator will summarize the key points in dispute. Once the main issues are identified, the mediator will look for common interests in an attempt to assist parties to resolve the dispute. The mediator will assist the parties to negotiate and reach an amicable resolution. During the process, it is not uncommon for a mediator to have a private conference with each party.  

If the parties agree to a resolution, the mediator will draft an Agreement setting out the terms of the resolution. It may include monetary and non-monetary terms, and may have a non-compliance clause setting out consequences for failing to fulfil the obligations set out in the  Agreement. If there is no non-compliance clause, the default amount will be the original amount claimed in the action. The mediator will file  the agreement in the Small Claims Court registry after each party signs the agreement.