Mediation Rules:
- Be in a private, quiet place where others can't hear you. Mediation is private and confidential.
- Do not record the mediation session.
Mediation Outcomes:
If you reach an agreement: The case is resolved without a trial. The judge will sign an order based on your agreement. If someone doesn't follow the agreement, the other person can ask the court for a judgment of noncompliance.
If you don't reach an agreement: The tenant must file an answer by the end of the day of the mediation meeting. You can file:
- In person at the courthouse (by 4:30 pm), or
- Online (by 11:59 pm)
There is an $88 filing fee, but you can ask for a fee waiver if you can't pay. If the tenant doesn't file an answer, the court may make a judgment against them. If the case goes to trial, the landlord must pay a $139 trial fee.
If you go to trial and the Judge finds in favor of the landlord, an eviction judgment is entered. You may be forced to move out and may also be ordered to pay costs and attorney fees.
Plaintiff’s Dismissal Packet.pdf
Small Claims
Mediation will be held over the phone. Everyone will get a notice with the call-in number and access code. All parties will call in at their scheduled time.
The initial appearance works the same way as described above.
Important Rule for Small Claims: Lawyers are not allowed in small claims cases unless the court approves it first (unless the lawyer is suing or being sued personally).
Telephonic Mediations
If you're doing mediation over the phone, you must give verbal permission for the mediator to sign the consent form on your behalf. This will be recorded. The same thing happens if you reach an agreement.
Important: If you don't join the mediation on time, the court may dismiss your case or make a judgment against you.
WebEx Meeting Information
A few minutes before your scheduled mediation time, join WebEx by calling
1-408-418-9388
and using one of the appropriate access code below:
Landlord Tenant Initial Appearance Hearing - Access Code:
146 615 0789##
Small Claims Initial Appearance Hearing - Access Code:
146 050 8105##
Small Claims and Landlord Tenant Trials - Access Code:
146 959 6331##
Frequently Asked Questions (FAQ)
Mediation is a voluntary process wherein an impartial third person assists parties to discuss their perspectives of a dispute. The mediator does not give legal advice or make a decision for the parties. Instead, the parties are responsible for the decision and the mediator's role is to help the parties identify their concerns and to formulate a resolution which is mutually satisfactory.
Mediators are volunteers. To be a mediator, one needs to have good communication and language skills, an ability to remain impartial, and commitment to a collaborative approach for resolving conflict. Volunteer mediators have found their work to be very gratifying; and they also have found their new skills to apply beneficially in their personal and professional lives.
Mediation significantly reduces judicial caseloads; parties report high satisfaction and statistics show that parties are much more likely to perform terms of a mediated agreement than terms of a court judgment.
There is no educational prerequisite to becoming a mediator nor is there any preference for occupational background. In order to qualify as a mediator there is an intensive 32 hour course in mediation skills and 6 hours of training in court procedures. Completion of this initial training qualifies the mediator for small claims cases. There is an additional 8 hour training for landlord-tenant cases. In addition, all of the mediators will have served an apprenticeship, observing mediations and conducting supervised mediations. Training is provided at no cost to volunteers, in exchange for a commitment to mediate two cases per month for one year.
- Mediation begins with a brief orientation for all parties which will cover the mediation process and give you the opportunity to ask questions. This orientation is mandatory but choosing to participate in the mediation process is not.
- The mediator remains impartial throughout the mediation process and does not give advice or make decisions for the parties.
- The mediator will help both sides try to understand the other's perspective and assist in determining if there is sufficient common ground to allow the parties to reach an agreement.
- If an agreement cannot be reached (or if either party chooses not to participate in mediation - after the orientation), a trial will be scheduled for a later date and the parties will be sent notice of the trial date. Trials are also held remotely. Parties will appear by calling into Webex.
How to volunteer: Persons interested in becoming a mediator and volunteering in this program are invited to call the mediation coordinator.