If you have received a notice of mediation in the mail from the Franklin County Municipal Court, the following is helpful information to help you prepare to make the most of the opportunity to resolve your civil court case outside of a courtroom.
What is mediation?
Mediation is not a trial. Instead, mediation is a chance to resolve your civil court case, outside of a courtroom, and in a way that works for both you and for the other party. The mediator—the person who leads the mediation—does not say who is right or who is wrong. The mediator will not provide advice or tell you what to do. Instead, the mediator can help you and the other party (or their attorney) share information and/or settlement offers with each other. Essentially, mediation is assisted negotiation. Ultimately it is up to you and the other party to decide if agreement is possible.
How should I prepare for mediation?
Parties find the mediation process worthwhile when they do the following:
Read the information in the notice of mediation and any attached information prior to your mediation. The mediation program will notify you of participation options for your mediation. Respond to the mediation program ahead of time how you will participate. If you have safety concerns or have a need for a foreign language or sign language interpreter, please contact the mediation program ahead of time so arrangements can be made for your mediation.
Before mediation, plan what you will say or what information you will share with the other party so you can make the most of the limited time in mediation. For example:
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If you dispute what the other side is asking for, what documentation or information do you have to share with the other party (or their attorney) to support your position? When someone disagrees, parties tend to be interested in the reasoning behind the disagreement.
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If you plan to make a monetary settlement offer, how much will you offer? When will you pay it by? The Plaintiff, the party who filed the lawsuit, typically does not negotiate against itself. If there is an outcome that you would like to see happen that is different than what the Plaintiff is asking for, it will be up to you to ask for it.
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Come to mediation with an open mind and be prepared to listen to information that you disagree with. It is common for parties to have different points of view. If you make a settlement offer, it may be accepted and it may not. Sometimes parties share more than one settlement offer before deciding whether agreement is possible or not. Additionally, if you are not working with your own attorney, consider visiting the Self Help Resource Center to obtain legal information prior to your mediation.
For further questions, contact the Dispute Resolution/Mediation Department.