{"id":357658,"date":"2016-04-04T10:41:50","date_gmt":"2016-04-04T15:41:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/adr\/mediation\/small-claims-mediation-basics.html"},"modified":"2023-09-19T13:48:14","modified_gmt":"2023-09-19T18:48:14","slug":"small-claims-mediation-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/adr\/mediation\/small-claims-mediation-basics.html","title":{"rendered":"Small Claims Mediation Basics"},"content":{"rendered":"\n
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Small Claims Mediation Basics<\/h1>\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Small claims mediation is a meeting between people to resolve a minor legal matter with the help of a neutral third party. Small claims courts<\/a> hear cases that limit the recovery amount to a set dollar amount. This limit may vary from $2,500 to $25,000 depending on the state. As dockets for small claims courts continue to rapidly increase, courts have instituted policies encouraging and sometimes mandating mediation to assist in the resolution of civil cases when possible.<\/p>\r\n

Small claims mediation, when successful, allows courts to resolve disputes without costly and time-consuming litigation clogging up court dockets. There’s no need to worry about a trial date. Mediation has the advantage of saving both time and money, along with the ability to come to a mutually agreed-upon result rather than having a court impose a resolution.<\/p>\r\n

Small claims mediation is beneficial when your dispute is with a friend, neighbor, customer, partner, or anyone with whom you want to keep good ongoing relations. Because small claims mediation is a low-cost or free mechanism, it’s a suitable method of resolving disputes more amicably.<\/p>\r\n

This article discusses the basics of small claims mediation as a conflict resolution tool. It will describe how mediation works and how to decide if mediation is right for you.<\/p>\r\n

Mediation Basics<\/h3>\r\n

Mediation<\/a> is a party-driven alternative dispute resolution (ADR) process aimed at reaching a mutually agreeable solution to a dispute. The process is typically voluntary, though courts do mandate the use of the procedure under certain circumstances. The parties communicate directly with each other. The mediator serves as a referee, ensuring the parties stay on track toward achieving a resolution. The parties must mutually agree upon the result to succeed at mediation.<\/p>\r\n

Mediation is often desirable because the parties control the outcome. Parties use it in divorce proceedings and other disputes related to family or probate law. During mediation, underlying issues between the parties may be brought to the forefront to resolve the dispute.<\/p>\r\n

In a small claims situation, this type of collaborative process is often employed for disagreements from civil cases<\/a> regarding:<\/p>\r\n