Mediation for Small Claims
As you proceed with your case, consider the advantages of mediation over litigation:
You decide. Once a judge makes a decision in a case, at least one party (and sometimes both parties) leave unhappy. There is rarely a right of appeal. In mediation, you and the other party, with the help of a mediator, decide what is a fair solution. This way, you avoid the risk of losing in court or reaching an outcome which does not meet your satisfaction.
Customized solutions. Even if you win your case, the court does not collect the money for you. In mediation, a mediator can help you develop a customized agreement that meets the special circumstances of you and the other party (including a clear payment plan). The agreement can or may become a record of the court and each party will receive a copy.
Confidential. A court judgment may appear on your credit records. Everything you say or write in mediation is strictly confidential.
Cost. There is no extra charge for cases mediated at the court.
A trial is still an option. If you are not happy with the judge’s decision, you can’t change it. If you are not able to reach an agreement through mediation, you can return to court.
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The Probate Court has a mediation program for contested probate, contested trust and contested guardianship of property cases.