District Court Small Claims Mediation

Frequently Asked Questions

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What is Mediation?
Mediation is a voluntary, confidential process in which a trained and unbiased third party assists people in conflict to reach an agreement on the issues that brought them to court. Unlike a trial, mediation is not an adversarial process. Mediators do not give advice or determine “right” and “wrong,” but rather help parties’ work together to resolve the problem in a way that works for both of them. If parties come to agreement, the mediator helps the parties write the terms in a document for the judge to review. If the judicial officer approves the agreement, an order will issue from the court. Parties will be given a copy of the agreement. Parties who do not reach agreement in mediation will return to court for trial.
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Who is the mediator?
The Center for Mediation and Collaboration of Rhode Island (CMCRI) provides mediators as an alternative to going to trial for small claims cases in the District Court. Cases are automatically referred to mediation when the plaintiff is self-represented upon the defendant filing an answer to the Small Claims Notice of Suit.
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What are the qualifications and the role of the mediator?
Mediators are trained and supervised by the CMCRI. Mediators are not employees of the court and do not have any authority over the disputing parties or have any authority to decide the outcome of the case. Therefore, if you reach an agreement in mediation, this will be of your own free will and because you both think the outcome is a fair one. Mediators provide a process where everyone has a chance to be heard. Participants are encouraged to address all of the issues that need to be discussed and resolved. Mediators are not allowed to give legal advice. Therefore, participants should seek legal counsel at any time during the process if necessary.
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What are the benefits of Mediation?
Mediation can save time, money, stress, and often relationships. A mediation is conducted in a less formal, more relaxed atmosphere at a location that is suitable for all parties, including the use of virtual platforms such as Zoom, which can be more conducive to reaching a settlement. When a case goes to trial, oftentimes either the plaintiff or the defendant or sometimes both parties are unhappy with the outcome. Additionally, when a judgment is awarded to the plaintiff after a trial, collection can be a long and frustrating process. Mediation, on the other hand, allows parties to create a solution to the problem at hand and to make realistic provisions in the agreement for how the terms settled upon will be paid or satisfied. Mediators strive to help parties find solutions that can at least partially satisfy the needs of both parties. In post-mediation surveys, both the plaintiff and the defendant indicate a high level of satisfaction with the mediation process and the quality of services provided by the CMCRI mediators.
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How can I request mediation in court?
When you are in court and your case is called, the judicial officer may refer the case to mediation or you may ask the judicial officer to be referred to mediation. The process of mediation is voluntary, which means that you can decide to end the mediation at any point when you feel the process is not productive. Mediation has a very high success rate, and thanks to a generous grant from the Supreme Court of Rhode Island, there is no charge to the parties for this service.
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What happens if an agreement is reached during mediation?
When both parties come to an agreement, the mediators will have the parties sign an agreement stipulation. This agreement is not entered as an order of the court until after judicial review. Once signed by a judicial officer, the agreement becomes and order of the court.
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What happens if mediation fails?
If after the case is mediated and an agreement cannot be reached, the CMCRI will notify the court that no agreement has been reached. The court will then schedule the case for a trial before a judicial officer. The clerk’s office will mail a hearing notice with the date and time for the trial.
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What if I cannot appear in court for the trial?
If you are unable to appear on the trial date, you must notify the other party in writing at least ten (10) days in advance of the trial. You must also notify the court should an agreement to continue the trial to another date. If no agreement can be reached and you fail to appear on the court date, the hearing will proceed against you and an adverse decision may be made against you in your absence.