A pre-trial conference and mediation are mandatory before a trial is allowed in small claims court.  Mediation will be scheduled at the time of the pretrial conference.  Both parties must attend both the pretrial conference and mediation.  If the plaintiff fails to appear, a dismissal may be entered.  If the defendant fails to appear, their answer, if one was filed, may be stricken and a default judgment entered.  Parties should bring their evidence to the scheduled mediation but may not bring witnesses. The purpose of mediation is to settle the case if possible. If no settlement is made at mediation, the case will be set for trial. Neither attorneys nor paralegals may represent parties at mediation.

(1)  The results of mediation shall be reported to the court as either “settled” or “not settled.”

(2)  If a case is reported as “settled,” the terms of the agreement, including a date of final compliance, shall be signed by the parties and filed by the mediator with the clerk of the court within 10 judicial days. The agreement must include a provision addressing disposition should a party fail to comply with the agreement.

(a)  The mediator shall provide the creditor with a form to report compliance or non-compliance with the terms of the settlement agreement.

(b)  Should the creditor fail to file a report of compliance or noncompliance within 30 days after the final date for compliance or reports the terms of the settlement have been met, the clerk of the court shall dismiss the case.

(c)  Upon notice by a creditor of non-compliance with the terms of the settlement agreement, the clerk of the court shall refer the case to a judge for disposition.

(3) If the parties are not able to settle a mediated case, the case will not be required to arbitrate.

[Amended September 1, 2019; July 1,2020]