Mediation FAQs

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Yes. Although they are not required to reach an agreement, all Small Claims cases in Clark County WA must attend a mediation prior to attending a hearing.

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No. Although you can seek legal counsel prior outside of the mediation, legal counsel is not permitted to participate or attend a mediation unless special permission has been granted by the courts.

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The mediator assists and guides the parties toward their own resolution. The mediator does not decide the outcome, but helps the parties understand and focus on the important issues needed to reach a resolution. The mediator does not give any legal advice or opinions. The mediator is impartial and strives to remain unbiased entering into and throughout the process.

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No. All mediations are confidential and may not be recorded or discussed outside of the mediation. Recordings of the mediation, the mediators or anything discussed in mediation is prohibited from being entered as evidence in a Small Claims hearing.

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Typically, Small Claims mediations last from 30 minutes to 2 hours.

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No. Parties share evidence in filing and at trial. You can have your evidence ready to present during the mediation but, typically mediators do not address any evidence unless all parties would find it helpful in finding a resolution.

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Yes. CMS can provide an interpreter with advance notice. CMS must be notified at the pre-trial if an interpreter is needed for mediation. The court will also provide a separate interpreter for a trial if there is no agreement.

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You can join the Zoom based mediation by phone if you do not have access to a computer.

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If you are experiencing difficulty or have any technical questions or issues, please email nbond@mediationclarkcounty.org or call (360) 949-6849 at least one week prior to your scheduled mediation for technical assistance.

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Community Mediation Services will file a settlement agreement with the court. Once the agreement has been paid in full or the terms completed the Plaintiff will need to file a Satisfaction of Judgment with the Court before the case can be closed.

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If a settlement cannot be reached and both parties appeared for mediation, Community Mediation Services will notify the Court to schedule a Small Claims Non-Jury Trial. Both parties will be mailed a hearing notice. This is the time to prepare for your trial. Any exhibits such as receipts, canceled checks, photos, or other documents to support your claim must be filed with the Court and served on the other party at least 10 days prior to your hearing. All exhibits must be filed in person or by mail.

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If plaintiff fails to appear for mediation, defendant may request that the Small Claim be dismissed and that a default judgment be entered on any counterclaims. If defendant fails to appear for mediation, plaintiff may request that a default judgment be entered against the defendant. Prior to a default judgment being entered, you must provide proof of proper service of the claim or counterclaim and proof of compliance with the Servicemembers Civil Relief Act. Both parties will be notified by mail if a dismissal or default judgment is ordered.

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You may contact the court to request a Vacate packet. The packet must be filed with the court within 30 days of entry of any judgment or dismissal orders. Your request will be reviewed by a Judicial officer. You will be notified by mail whether the case will require further action.

For more information about Community Mediation Services visit http://mediationclarkcounty.org