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Mediation



Mediation is a process where people who have a disagreement talk to a neutral person appointed by the court to try and work out an agreement to resolve the dispute. There is no resolution in mediation unless bot​h parties agree.

A voluntary way to resolve your case with the help of a neutral person (the mediator).  Instead of having a judge decide your case, you can work with a mediator to settle your case.  You can still go to trial if you do not reach an agreement.


​​​The mediator will help you and the other party communicate and come up with options to settle the case.  The mediator does not take sides or give legal advice.​​

If a court case is resolved in mediation, the outcome may be reported to the court. The parties involved can work with the mediator and their attorneys (if they have them) to complete the paperwork needed to close the court case. No court trial is needed when an agreement is reached.

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The mediator will explain the process at the beginning of mediation.

  • Parties may meet with the mediator together or the mediator may meet with you each separately. Either party can ask to meet with the mediator alone.

  • ​During mediation, each party has an opportunity to suggest ideas for moving forward. The mediator helps the parties come up with ideas and possible solutions.

  • If both parties agree to a resolution, you may not need to go to court or arbitration. There is only a resolution in mediation if both parties agree to it.
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Mediation gives the parties the ability to control the outcome since there is no agreement unless both sides agree. It provides the parties the ability to be more creative with solutions than if the case is heard by a judge. It takes place in a private setting, instead of an open courtroom where other people hear about the case. Finally, it is usually less expensive and often offers a faster resolution than if the parties go before a judge.

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Mediation offers a number of potential benefits.​
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  • It can be faster, less expensive, and less stressful than a trial or hearing.

  • Parties decide the outcome instead of a judge.

  • ​Parties can find more creative ways to resolve the dispute.

  • It’s private and confidential (with a few exceptions).

  • It gives parties an opportunity to hear each other’s perspectives.

  • Parties are more likely to follow mediated agreements than court judgments.

  • Parties often report higher satisfaction than in a court trial.
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Through the court​

Each local court has its own mediation programs. These programs are usually in the following case types: small claims, landlord/tenant, domestic relations and civil. To find out more about what is offered at your local court, visit their website.

Community Dispute Resolution Centers

Community Dispute Resolution Centers offer free or low-cost mediation services, and many offer eviction avoidance mediation. Find a C​enter in your local area, or visit the University of Oregon Office for Community Dispute Resolution.

Private Mediation Services

The parties may also agree on their own mediator outside of the court or community dispute resolution process. These mediators are usually paid by the hour to work on a case.

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There may be times when mediation is not appropriate. Tell your mediator or attorney if:

  • Mediation poses a risk to your safety;

  • You can't make decisions about your case; or

  • ​You think you’ll agree to something you don't want.

The mediator may be able to address your concerns so that you can mediate.​

There are multiple ways to access mediation. ​

  • The court may refer your case to mediation without you asking.

  • You may be able to ask the court to send your case to mediation. To find out more about what is offered at your local court, visit their website​.

  • The parties may agree to work with a private mediator: