Research

FL Alternatives to Small Claims Court

Mediation is an alternative to small claims court. Mediation is a process in which two or more people involved in a dispute meet in a private setting and, with the help of a neutral person called the mediator, work out a solution to their problem. It's an informal and non-adversarial process designed to assist the parties in reaching a mutually acceptable and voluntary agreement.

Mediators

Small claims mediators are citizens certified by the Florida Supreme Court who volunteer their time and talent to mediate in the county courts of Florida. Mediators are trained professionals and most have years of experience in mediating disputes.

The mediator helps the parties identify issues, foster joint problem solving, and explore settlement options. However, the mediator won't make any decisions for the parties. The mediator may meet separately or together with both parties to attempt to reach an agreement. The mediator is trained to help the litigants reach a solution that is acceptable to both parties.

Small Claims Mediation Procedure

At a small claims pretrial conference the judge requires the parties to mediate if the parties in the case are present and if any defendant doesn't agree to the claim filed. Mediation usually takes from one to two hours.

Mediators are on-site and available at the small claims pretrial conferences in Alachua, Baker, Bradford, Levy and Union Counties. The mediation in these counties will take place immediately after the pre-trial hearing. Litigants in Gilchrist County will schedule a future date and time for any court-ordered mediations. Mediation services are offered free of charge to small claims litigants.

Mediation Process

First the mediator explains the mediation process to the parties. Then each party has the opportunity to tell the other side their views of the issues in dispute. After this, the mediator helps the parties discuss the issues in an effort to reach an agreement acceptable to both sides. The mediator may meet with individual parties or with the group as a whole in discussing the issues. If a total or partial agreement is reached, the parties will sign a written agreement. If an agreement can't be reached, the clerk will assist the parties with scheduling a trial date.

Mediation Rules

Each mediation session is governed by a set of rules:

  • The mediator is neutral, with no personal or financial interest in the case
  • Mediators don't provide legal or personal advice
  • Each party attending the mediation should have authority and complete discretion to negotiate a settlement of the case without asking any other person
  • The mediator will explain the procedures and rules of conduct during the mediation conference
  • The mediator may meet privately with each party and upon a party's request the mediator will keep information private
  • The conference is confidential and information given in mediation can't be used as evidence in a hearing or trial
  • The parties determine the terms of any agreement reached, with the mediator documenting that agreement in writing

Advantages of Mediation

There are many advantages to mediation, such as:

  • Parties can develop their own solution and avoid a stressful and potentially costly court trial
  • Parties remain in control
  • Parties take an active part in their case
  • Immediate resolution
  • No trial
  • Fewer court visits
  • No witness expense
  • Less formal than court
  • Lower costs
  • Preserve relationships
  • Protects privacy by avoiding a public trial

Rescheduling

Any rescheduling to accommodate a party's or an attorney's schedule must take place by mutual consent.

Additional Information

For additional information about alternatives to small claims court, contact your local court.

Questions for Your Attorney

  • How can I find out about what types of mediation programs are available to me?
  • What is the success rate of mediation?
  • Are there certain types of cases that work better using mediation?
Have a legal question?
Get answers from local attorneys.
It's free and easy.
Ask a Lawyer

Get Professional Help

Find a Consumer Law lawyer
Practice Area:
Zip Code:
 
How It Works
  1. Briefly tell us about your case
  2. Provide your contact information
  3. Connect with local attorneys
NEED PROFESSIONAL HELP?

Talk to an attorney

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you