Mediation is one way for people to settle disputes. If you are involved in a lawsuit at Metropolitan Court, you may be able to resolve it by participating in mediation. In mediation, the people who are involved in the dispute get assistance in the search for a solution that works for them. The people who help them work out a solution are called mediators. Mediators do not decide who’s right or wrong or who wins or loses. The purpose of Mediation is to find solutions that meet the needs of the people involved in the dispute.

Mediation can help you resolve the problem that has brought you to court. The best resolution to any problem is usually one worked out by the people involved. Through mediation, people often arrive at a resolution more quickly than by going to trial and asking a judge to decide their cases. Mediation is an informal process, although the mediator does structure the discussion. Most people find it a comfortable and productive procedure. Many people prefer to take an active part in solving their own problem, rather than waiting for a judge or jury to impose a solution.

Mediation works best when the parties involved in the dispute are the ones to attend the mediation. Persons attending the mediation should have the authority to negotiate and enter into an agreement (if one is reached). Please do not bring witnesses or children to the mediation. All parties must agree on who will attend the mediation. If the parties cannot agree, then mediation will not be held.

After the defendant in a civil case files an “Answer,” the Mediation Division reviews the case to see if it meets certain requirements. If the case is selected, a mediation session is scheduled and letters are mailed to the parties. You can also request mediation by writing “request mediation” either on the complaint form or answer form. If you forget to write it on the form, you can also call the Mediation Division at 505-841-8167. The assigned judge may also refer your case to mediation if it hasn’t been to mediation already. If we happen to schedule your mediation on a date or time that won’t work for you, let us know. We’ll contact the other party and try to reschedule it for a date and time that works for both parties.

Remember, mediation is a voluntary process. If you don’t want to have a mediation, just call the Mediation Division and we will cancel it.

No. Sometimes agreements will include compromises, but not always. Even if people don’t reach an agreement through mediation, at least they’ve had the opportunity to talk about the situation. It may help you be better prepared to go to trial.

Bring any documents like statements, invoices, photographs, etc. that are related to, or support your claim.

Think about what you want to discuss and what’s important to you. Think about the following questions:

• What is the best result I can hope for?
• What is the worst result that could happen?
• What might be a sensible, realistic and fair resolution?

The Mediators and the parties will sit around a table in one of the Metropolitan Court’s Mediation Conference Rooms. You and the other party will have the opportunity to talk about what’s happened and what’s important to you. You’ll talk about different ways the case might be resolved. The Mediators will ask questions, try to help clarify issues, and try to make sure each party is understood and acknowledged.

ANY AGREEMENT YOU REACH IN MEDIATION IS VOLUNTARY. YOU WON’T BE REQUIRED TO AGREE TO ANYTHING UNLESS YOU WANT TO.

Whatever is said in Mediation (offers, etc.) cannot be used as evidence in Court.

Before entering into a settlement agreement, you may want to think about it for a day or two. You may want to talk with an attorney, your spouse, a family member, or friend, etc. before you make a final decision.

If you resolve your case through Mediation an Agreement will be signed by all parties and will become part of the case file unless the parties want the Agreement to be confidential. The case will not have to proceed to Trial, and a Stipulation of Dismissal will be signed.

Mediation can last anywhere between 30 minutes and two hours.