Mediation in Civil Matters
Mediation:A trained mediator assists parties to communicate their positions and interests, and explore settlement options. The mediator does not give an evaluation or opinion. The mediator helps formulate a mutually acceptable agreement between the parties to a case.
Case Evaluation:A mediator-evaluator helps parties identify the issues in dispute and provides an opinion of the settlement value of the case, the likelihood of liability, and probable range of damages.
Steps to Mediation
- The mediation date will be mailed to you approximately sixty (60) days prior to mediation.
- You are responsible for submitting a Confidential Settlement Statement (CSS) which is linked at the bottom of this page. (For a Residential Foreclosure case, please use the second link, Confidential Mediation Statement Residential Foreclosure.)
- If mediation is rescheduled, a new CSS must be filed with the new date noted.
- Your mediator will call you approximately two weeks before the mediation to discuss your view of the case, the status of any negotiations, and any obstacles to settlement.
- Prepare for a two-hour mediation session. Follow-up sessions are available as needed. (Please note that Residential Foreclosure cases are slotted for 45-minute mediation sessions.)
- If you reach an agreement in mediation, the mediator will help write it and it may be immediately submitted to the court as settlement once all parities have signed it.
- If no agreement is reached in mediation, a pre-trial date will be set by Multi-Door staff.
- If you are represented by an attorney, he or she will handle steps 1-5 above.
Steps to Case Evaluation
- See steps 1-4 above in “Steps to Mediation.”
- Plan for one session to last up to two hours.
- The evaluator will provide a non-binding opinion at the end of the session.
- Parties can continue settlement negotiations or request mediation after the evaluation session.
Mediation in Civil Matters Legal Forms