Civil Case Mediation
When having to file a civil case (small claim) or respond to a lawsuit... The process can be daunting, complicated, time consuming and expensive. The experience is generally dreadful and taxing (financially, mentally, emotionally). The result can leave one bitter, embarrassed or bewildered as to why the case was not ruled in one’s favor. Due to our experience mediating hundreds of cases in small claims court, this page is dedicated to helping you clarify if filing a small claims case is worth it and why mediation may be a better option. Let us help you bypass the court system and resolve your case with the goal of arriving at a “win-win” solution.
RECOMMENDATIONS
"Tracy helped both of us. She is a very good mediator. I really appreciate her effort."
Defendant, Contract-Auto Warranty Claim, Denver District Court
"I feel the whole process was much easier with a mediator." Plaintiff, Labor Dispute, El Paso County Court
"Tracy was great, patient, clear. An angel!"
Defendant, Landlord/Tenant Dispute, El Paso County Court
"Approximately 98% of clients we serve in or outside the court do not have an attorney present and are satisfied with the final agreement or stipulation."
Tracy Arthur, CEO & Principal Mediator, Arthur Mediation Services
COURT RESTRICTIONS VS. BENEFITS OF MEDIATION
Location
Small claims court has rigid and strict filing location requirements... cases can only be filed where the Defendant lives. This jurisdictional location requirement may make it inconvenient to file in small claims court.
Mediation is adaptable and flexible… it can take place no matter where one lives, can occur in person, via phone or video.
Scheduling
In court, cases are heard based on magistrate/judge's schedule plus the number of cases listed on docket. Thousands of cases are heard each year in small claims court. One can never know if a case will be heard in one month, six months, twelve months, etc. until the case is filed and/or the trial is reset.
Mediation can be set up quickly... based only on schedules of the parties involved and mediator.
Attorney Access
Filing in small claims court restricts the ability of the parties to the lawsuit to be represented by attorneys.
Because small claims courts are designed to allow easy and efficient access to the court system for claims that may not have enough money at issue to justify hiring an attorney, the Colorado Rules of Procedure for Small Claims Court only allows parties to be represented under certain conditions.
In mediation, an attorney may represent you no matter the condition or issue involved.
Finances/Collection of Money
Approximately hundreds to thousands of dollars can be spent in filing fees, retainer fees, attorney costs, time away from work, etc.
The court can only award a money judgement, the court cannot make a party pay or enforce payment of the amount awarded.
Mediation costs are minimal and based on a two-hour minimum session. The collection of money can be stipulated by the parties using creative methods as to how the money will be paid.
Relationships
As a result of court, judgements are posted online which could adversely affect a professional reputation and/or personal image.
A mediator is able to recognize and promote common interests beyond the immediate issues of the dispute to the mutual advantage of the parties so that personal and/or professional relationships can improve and move beyond past distrust.
Confidentiality
Having a judgement becomes public record and can be posted online which can affect a person’s credit that can ultimately prevent one from obtaining a job, renting property, buying a car, etc.
Discussions within a mediation session are confidential from anyone not attending (including the Judge).
Determination
You may have determined that the return on investment (ROI) that a mediation session can bring is more profitable and rewarding than filing a claim in court. No matter whether you are thinking about filing a claim, have already filed a claim or have a claim filed against you… we can help you resolve your conflict(s).
REMEMBER...
In court... the POWER in the decision lies with the JUDGE
Only the Judge/magistrate determines who “wins” or “loses” the case.
Judge’s decision is solely based on law… not circumstances.
At Arthur Mediation... the POWER in the decision lies with YOU
The parties determine the outcome. A settlement is based on principled negotiations using multiple options and objective criteria revolving around all issues and interests of all parties. The outcome is a “win-win” situation for all involved and does not result in one having a “judgement” on their record.
Disclaimer
Our offices provide alternative conflict resolution services. The information on this website is intended to be general information only, it is not fully comprehensive nor is it legal advice. For legal advice, please contact a licensed attorney. Should you hire an attorney, or already have an attorney, you can request that they attend mediation session(s).