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ELEVENTH JUDICIAL CIRCUIT COURT-ANNEXED SMALL CLAIMS MEDIATION PROGRAM Question and Answer Book Hon. Elizabeth A. Robb Chief Judge Hon. Lee Ann S. Hill Supervising Judge, McLean County Ms. Rachel Bunner Arbitration Administrator McLean County Legal Self-Help Center 104 W. Front Street, Room 665 Bloomington, IL 61701 http://mclean.illinoislegalaid.org This booklet provides information regarding the small claims mediation program and is offered as general information. It should not be legally relied upon without checking the specific statutory provisions and any amendments to local rules. ---PAGE BREAK--- SMALL CLAIMS MEDIATION What is mediation? Mediation is a process that helps people who have a disagreement reach a settlement. A mediator helps the parties reach a settlement and is a neutral person who has no involvement with the case, and is not a party to the lawsuit nor a lawyer for any party. In McLean County, only pro se litigants (people who are not represented by an attorney) are offered mediation. Mediation is a communication process designed to assist parties in a dispute, explore all options for seeking peaceful resolution to their conflict. Mediators do not give legal advice, and they do not judge who is right or wrong. The mediators facilitate a constructive communication process, assisting the parties in the identification of all issues involved in the dispute and examine all perspectives of the conflict. Once the issues leading to the dispute have been identified, a negotiation process begins. All conversations during the mediation are strictly confidential; the only public documentation of the mediation is the resulting agreement of the parties which, when signed by the judge, becomes a court order. If the parties do not come to a resolution, the formal court hearing is schedule for another day. What are the advantages of mediation? Mediation is an informal, safe process; the mediator structures a productive discussion between the plaintiff and the defendant. Many people find the process to be a comfortable, positive way for creative problem solving. Eighty-five percent (85%) of cases in small claims mediation are resolved at only one court appearance. The persons best able to resolve a dispute are the people involved in the conflict. Many people also get personal satisfaction from using the mediation process. They prefer to take an active part in solving their own problem, rather than relying on a judge to impose a solution. Mediation can help resolve the problem that has brought someone to Small Claims Court. Through mediation, people usually arrive at a final resolution more quickly and conveniently than by going to trial and asking a judge to decide their case. Settlement is viewed as fair by both parties. There is one court hearing. You do not need to subpoena witnesses or evidence and depend on their presence at trial. You do not have to conduct extensive trial preparation. Mediation preserves personal and business relationships. It allows debtors to arrange repayment plans, avoid a judgment, and preserve credit reputation. Mediation protects privacy and avoids the publicity of trial. Both parties remain in control and participate in a “win-win” solution. The agreement is final and the dispute resolved. What happens in small claims mediation? ---PAGE BREAK--- When a small claims case is filed, a hearing date is scheduled by the Court which appears on the summons. At the hearing, the parties are invited to mediate their case at which time they will leave the courtroom and go to the mediation area which is located at the Arbitration Center. There they can meet with the mediator to see if they can agree to an outcome for the lawsuit rather than have the judge make the decision. The mediator meets with the parties directly involved in the dispute. Witnesses are invited to stay and listen to the first stage of the mediation, which is a complete explanation of the process. The witnesses are then excused and called into the mediation at the discretion of the mediators. The mediator reviews the claim and explains the purpose of the mediation, answering many of the questions most people have about the mediation process. The mediator can answer any other questions you may have. All parties involved in the mediation process will then be asked to sign an agreement to mediate form. This form is intended to protest the rights of everyone present in the process, insuring that confidentiality will be maintained and that the expectations of the procedures are understood. Together, the plaintiff and the defendant clarify what issues need to be resolved. Each party has a chance to tell his or her perspective and to explain what is important to him or her. Mediators sometimes meet separately with the parties. The mediator will explain this process, known as a caucus, at the beginning of the mediation. All discussions in the mediation are kept strictly confidential. The mediator will help you and the person you have the disagreement with generate options that may lead to possible solutions. This leads to the productive, positive negotiations state of mediation, and agreements are frequently drafted. Litigants are not required to reach a final agreement at mediation. If an agreement is reached, all aspects of the agreement are written out on a document and signed by all involved parties. This reduces the possibility of misunderstandings about the agreement. The consequences of noncompliance with the agreement will be fully explained by the mediator and written as a part of the agreement. Review dates are set as needed by the mediators to monitor compliance rates. If the mediation agreement is fulfilled, the parties do not need to attend a review hearing. The agreement is then reviewed by the judge. Once the judge signs off on the agreement, it becomes a court order. Unlike trials which take place in courtrooms that are open to the public, mediations in this program are held in private conference rooms at the Arbitration Center. If an agreement is not reached, a bench trial date will be given to all parties before they leave the mediation and they will be required to attend another court hearing. Who are the mediators? ---PAGE BREAK--- All mediators involved in the McLean County Small Claims Mediation Program have been professionally trained. The mediators are volunteers who may be lawyers, law students, retired court personnel and public officials or business people. They cannot represent or favor the interests of either side to a lawsuit they are mediating and cannot testify later about any discussions held during a mediation. Is small claims mediation required? No. Small claims mediation is offered as an alternative process to resolving your lawsuit. It involves only one trip to court and there is no cost to any party.