Muskingum County Court
Mediation Program
Lawsuit | Mediation | |
Cost to File: | $25 - $60 | No Charge |
Who Decides: | The Judge | You and The Other Party |
Privacy: | Public Record | Private and confidential |
Support People: | Subpoena | Not Necessary |
Attorney: | Often Necessary | Welcome as an Advisor |
Limitations: | Money Only
(limited to $3000 if Small Claims) |
Limited only by parties' imaginations and decisions to agree to proposals |
- What is Mediation?
- Mediation is a process whereby parties to a dispute meet with a neutral
third party, a mediator. The mediator will assist the parties to resolve
their differences through negotiation.
Filing suit may not be the best solution in all cases. Most disputes which reach the court could have been settled more quickly and easily through better communication. Any civil dispute which may be brought to County Court is eligible for mediation. - How does Mediation work?
- If mediation is selected as an alternative, a deputy clerk will schedule
the mediation and have notices issued to each of the parties.
At the mediation, the parties will sit down with the mediator in private and explain the problem as they see it and how they think the matter could be resolved.
The mediator oversees the discussion to allow each party a full opportunity to be heard in an atmosphere of cooperation and respect. The parties are encouraged to generate solutions to the dispute and arrive at a settlement. A settlement will not be imposed on either party contrary to his or her will. When agreement is reached, it may be reduced to writing if all of the parties desire to do so. - Why Mediate?
- Mediation, unlike a formal lawsuit, is conducted in an informal setting.
Due to legal restrictions, a court of law cannot always provide a remedy
that will best satisfy the needs of the parties. There may be many other
more practical solutions to a dispute than a court-rendered judgment.
Mediation can provide the opportunity to explore those other solutions.
The parties are always in control of the outcome; no one “loses” a case which is resolved through mediation. And, because a mediated settlement is really a “win-win” solution, everyone feels much better about the outcome. This is especially important where the parties have an ongoing relationship.
If the dispute is not settled through mediation, the claimant retains the right to file suit.