Mediation in Civil Matters
Mediation:The Court provides trained mediators who can assist the parties in a lawsuit in settling their case before trial. Mediators do not decide the outcome of a case. All agreements reached in mediation are voluntary.
Residential Foreclosure Mediation:Residential Foreclosure cases are scheduled for mediation during initial hearings and status conferences with the Judge. You will receive a special mediation order with the mediation date, direction to Multi-Door and instructions for filing your confidential mediation statement. Mediations are scheduled between the hours of 9am and 12pm Tuesday, Wednesday and Thursday for 45 minute blocks of time.
Case Evaluation:An evaluator helps parties identify the issues on which they disagree and provides an opinion on the likelihood that the plaintiff will be held responsible (and ordered to pay damages), and the amount of damages likely to be ordered.
How Do I...
Prepare for mediation?Mediation is a process which requires several steps to complete. Details, including the responsibilities of court clients, are explained below.
Steps to MediationIf you are represented by an attorney, he or she will handle steps 1-5, below.
- Notice of the mediation date will be mailed to you approximately 60 days prior to mediation.
- You are responsible for submitting a Confidential Settlement Statement. This form is below in a link.(For a Residential Foreclosure case, please use the second link, Confidential Mediation Statement Residential Foreclosure.)
- If your mediation is rescheduled, you will have to fill out a new Confidential Settlement Statement or a new Confidential Mediation Statement for Residential Foreclosure.
- 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.
- Mediation sessions generally last 2 hours. (Residential Foreclosure cases generally last 45 minutes.) Follow-up sessions may be scheduled if both parties agree they are needed and could be helpful.
- If you reach an agreement in mediation, the mediator will write it and submit it to the court.
- If no agreement is reached in mediation, Court staff will set a pre-trial date.
prepare for case evaluation?
Steps to Case EvaluationCase Evaluation is a process which requires several steps to complete. Details, including the responsibilities of court clients, are explained below.
- See steps 1-4 above in “Steps to Mediation.”
- Plan for one case-evaluation session to last up to two hours.
- The Court’s evaluator will provide a non-binding opinion at the end of the session.
- Parties can continue settlement negotiations or request mediation even after the evaluation session.
Mediation in Civil Matters Forms