This is Tel-Law topic number 463, Mediation of Small Claim Cases , brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions. The following explanation generally describes the process of mediation in the state s small claims courts. However some counties do not have mediation of small claims cases, and the counties may have different procedures. You should read those local county rules, if any exist, or talk to a lawyer or the small claims court personnel.
Mediation is a process that helps people who have a disagreement reach a settlement.
A mediator helps the parties reach a settlement and is a neutral person who has no involvement with the case, and is not a party to the lawsuit nor a lawyer for any party. The mediators in most small claims courts are volunteers who are trained as mediators. They may be lawyers, law students, court clerks, retired teachers, public officials, or business people. They cannot represent or favor the interests of either side to a lawsuit they are mediating, and cannot testify later about any discussions held during a mediation. Most of the small claims courts who have mediation provide the mediators at no fee.