Do you have a conflict with someone in a business to business, business with client, or interpersonal relationships involving small amounts of money? Have you tried to engage your opponent in voluntary mediation and this offer has been refused? Your next step may very well be to file a small claims court claim. In our State the amount involved has to be $3,500 or less. And yes people who have suffered more than that amount of money still file because they do not want to involve attorneys and the costs involved with their services. In our state the filing process is simple, fill out a form, submit it and get a trial date. The next step is sometimes a bit more complicated because notice of the claim has to be served to your opponent. And, it’s amazing, sometimes opponents are like illusionists they just seemingly disappear. When they are found and served you and your opponent show up in court and wait your turn in front of the judge. Lo and behold when your case is called the judge refers you to mediation and you have a very limited amount of time with the mediator and your opponent to negotiate a settlement. I disucss this in my book named “But your honor …. Case dismissed” available through e-publishing on the net. If you’re going to small claims I recommend you read my book because it talks about “competitive bargaining” also known as “distributive bargaining” which simply means it’s about the money. Because although you may have other reasons for going to small claims, when it comes down to it unless you want to do a barter deal, just be heard, or get an apology that’s what small claims court and mandatory mediation at small claims court is about. And, yes I’ve seen a few barter deals reached but that’s about it outside a money based agreement.

And since it is December our episode on mandatory mediation in small claims court is playing on Olelo channel 56.  Our vignette demonstrates what one of our panel members calls assisted negotiation in mandatory mediation at small claims court. You’ll also learn a lot more through our panel discussion which follows.

Preparation for small claims court is no different than for any other case and the better prepared person usually does better in mandatory mediation since competitive negotiation is normally an information game. Objective evidence of the basis for the amount of money being requested or defense against a claim is necessary. Don’t make up your own numbers. More than one estimate is better leverage. Don’t try and rely on your opponents evidence to defend your claim. Remember time can play in your favor either in asking or offering.  And, remember that if the mandatory mediation fails you go to trial the same day and you have just given up choice as the judge makes it for you and your opponent.

Don’t look for punitive damages as in our state you won’t be granted such at small claims. Finally, once the judge makes the decision there is no appeal.

So, if voluntary mediation didn’t happen and you filed a small claims court claim you’ll still most probably wind up in mandatory mediation – be prepared and good luck whether you’re plaintiff or defendant. Choice counts-apply it.