Access To Justice
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. Mediators do not give advice or determine who is “right” or “wrong,” but rather help parties worktogether to resolve the problem in a way that works for both of them. Mediators work to help parties find solutions that can at least partially satisfy both their needs. If parties come to agreement, the mediator helps write the terms in a document for the judge to review.If the judge 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.
The Center for Mediation & Collaboration of Rhode Island (CMCRI) provides mediators as an alternative to going to trial for small claims cases in the District Court
Mediators are trained and supervised by the CMCRI. They are not employees of the court anddo not have any authority over the disputing parties, or the authority to decide the outcome of the case. Mediators are not allowed to give legal advice. Therefore, participants are free to seek legal counsel at any time during the process if they feel it is necessary. Mediators provides process where everyone has a chance to be heard. Parties are encouraged to address all of the issues that they feel need to be discussed and resolved.
Time
- Mediation offers an efficient and timely way of resolving disputes
Free:
- Mediation in the District Court is provided at no cost to either party.
Less Stress:
- Mediation is conducted in a less formal, more relaxed atmosphere which is betterfor coming to an agreement.
Relationships:
- Often when disputes come to court, tensions are high and there is an adversarial approach. Mediation allows individuals to not only resolve the dispute that brought them to court, but also helps them to start to move forward in their relationship.
Resolution:
- When a case goes to trial, usually either the plaintiff or the defendant (or sometimes both parties) are unhappy with the outcome. Mediation allows parties to create their own solution to the problem and to make realistic provisions in the agreement for how the terms settled upon will be paid or satisfied.
In District Court, about 80% of cases reach agreement when mediators work with 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.
When you are in court and your case is called by the judicial officer, you may request or you may be asked to consider the alternative of mediation. Mediation is voluntary,which means that you can decide to end the mediation at any point if you feel it is not productive.