How to Appear for Your Mediation
About Mediation
How does Mediation Work?
In mediation, both sides of a case will meet with a mediator who will help you have a conversation about ways to settle your case that might be better for you than going to trial. You make the decisions, including whether you settle and what the settlement terms are.
Who are the Mediators?
Our mediators are trained and experienced volunteers who donate their time to help others resolve conflicts. They will help you have a conversation with the other side, but will not make recommendations or give legal advice. More information about each of our mediators is available, including their background, training and experience. Our mediators follow the ethical guidelines in the Oregon Mediation Association Core Standards of Mediation Practice.
A Message From The Court
Clackamas County Circuit and Justice Courts each have a rule requiring all small claims cases to try mediation before trial. The Circuit Court rule is SLR 12.005: Mediation in Small Claims Actions; Failure to Comply with Settlement
- All disputed small claims actions shall go to mediation before going to trial, except for good cause acceptable to the Court.
- The Court may, subsequent to an opportunity for a hearing, enter a judgment against any party not appearing for mediation in the amount of any claim against the non-appearing party, and for the adverse party’s costs and disbursements.
- Agreement reached while in mediation shall be signed by the parties and filed as a stipulated order.
- Failure of either party to abide by the stipulated order will be grounds for the opposing party to file an Affidavit/Declaration of Non-Compliance and obtain a judgment on the original claim
Frequently Asked Questions
Information For After Your Mediation (not needed in every case)
- Default Judgment Paperwork (Circuit and Justice Court)
- Noncompliance Paperwork
Resources
Fees for Circuit Court Cases
There is a fee for mediation separate from the fee you paid to the court. This fee is payable to Clackamas County and is not a court fee.
The fee is:
Fee per side | Original claim amount |
---|---|
$50 | $2,500 or less |
$90 | more than $2,500 |
Acceptable methods of payment for in-person mediation (not currently available due to COVID-19):
- personal check signed by the person whose name appears on the check
- money order or cashier's check
- Master Card, Visa or Discover Card only (not American Express, etc.)
- cash (Exact change is appreciated. We have very limited change on hand)
The fee is due when you check in for mediation. Please do not send the fee in advance.