Mediation initial Appearances will be held telephonically. Landlords will receive a telephonic appearance notice with the WebEx call in number and access code at the time of filing. Landlords will serve that notice with the complaint and summons to the tenant. All parties will call into WebEx at their scheduled date/time.
- Please make sure to join from a private space where no one else can overhear the mediation session. Mediation is confidential.
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Mediation sessions may not be recorded in any way, although if an agreement is reached, the mediator will record the mediation agreement itself and your affirmation authorizing signature.
Mediation Outcomes:
If parties reach an agreement in mediation, it will fully resolve the case without a judgment. The judge will sign an order based on the agreement and if the terms of the agreement are followed, a judgment of non-compliance can be entered against a party by the other party, so each party should make sure that whatever they put in the agreement they can accomplish.
If parties do not reach an agreement or one party objects to mediation, the tenant will need to file their
answer by the end of the day of the initial mediation appearance and send a copy to the landlord. Answers can be filed either in person (no later than 4:30 pm at the courthouse) or online no later than 11:59 pm. There is an $88 filing fee for tenants, but a
fee waiver can be requested if necessary. If the tenant does not file an answer the day of the initial appearance, a default judgment may be entered against them (if the landlord submits/has submitted proof of service,
Declaration of Non-Military Service, and the
Plaintiff's Declaration of Tenant Move Out). If the case proceeds to trial, the landlord must pay a $139 trial fee either in person or by phone before the trial date.
Small Claims
Mediation initial Appearances will be held telephonically. Parties will receive a telephonic appearance notice with the WebEx call in number and access code. All parties will call into WebEx at their scheduled date/time.
Initial appearance:
- Once the mediator opens the WebEx, they will take roll call, provide a
brief orientation, review the mediation consent form, and ask who would like to mediate. They will then send the first case to the mediator and release all other parties until a mediator becomes available. Subsequent cases will be called when the mediator becomes available and will be given a new ACCESS CODE to call to join the mediation. Once informed the mediator is ready, parties must join the WebEx within 15 minutes.
- Parties should plan on being available for up to three hours, although mediation may take less time.
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Failure to join the mediation initial appearance on time may result in a dismissal or default judgment by the court.
Mediation essentials:
- Please make sure to join from a private space where no one else can overhear the mediation session. Mediation is confidential.
-
Mediation sessions may not be recorded in any way, although if an agreement is reached, the mediator will record the mediation agreement itself and your affirmation authorizing signature.
-
No attorneys are allowed in small claims cases without prior court approval (unless the attorney is suing or being sued personally).
Mediation Outcomes:
If parties reach an agreement in mediation, it will fully resolve the case with a judgment of dismissal. The judge will sign an order based on the agreement and if the terms of the agreement are followed, the case will typically be dismissed. If the terms are not followed, a judgment of non-compliance can be entered against a party by the other party, so each party should make sure that whatever they put in the agreement they can accomplish.
Click here for Small Claims Forms and Instructions.
Telephonic Mediations
Parties participating in a telephonic mediation will need to give verbal consent for the mediator to sign on behalf of the parties on the
mediation consent form. This will be recorded on a digital recorder. This will aslo need to happen if parties come to an agreement. The verbal consent will be documented on both the consent/confidentiality form and agreement.
Failure to join the mediation initial appearance on time may result in a dismissal or default judgment by the court.
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.