WHY MEDIATE ?
| LAWSUIT | MEDIATION
|
|
| COST TO FILE: | $37-81 | $10.00 |
| WHO DECIDES: | THE JUDGE | YOU AND THE OTHER PARTY |
| PRIVACY: | IT IS A MATTEROF PUBLIC RECORD | PROCEEDINGS ARE PRIVATE AND CONFIDENTIAL. ANY ENTRIES SIGNED MAY BECOME A PUBLIC RECORD |
| VOLUNTARY COMPLIANCE: | 40% | 85% |
| SUPPORT PEOPLE: | SUBPOENA | NOT NECESSARY |
| ATTORNEY: | OFTEN NECESSARY | WELCOME AS AN ADVISER |
| LIMITATIONS: | MONEY ONLY, AND IF IT IS A SMALL CLAIMS CASE LIMIT IS $3,000 | LIMITED ONLY BY THE PARTIES IMAGINATIONS AND DECISIONS TO AGREE TO PROPOSALS |
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.
A mediator is not a judge; he/she will not decide if either party is "right" or
"wrong", and will not force any party into accepting a settlement that is not
agreeable to all.
Any civil dispute which may be brought to Municipal Court is eligible for mediation.
Mediation
is always voluntary- no one is compelled to participate. 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.
Mediation, unlike a
formal lawsuit, is conducted in an informal setting. Late afternoon and evening hours are
available.
Due to legal restrictions, a court of law cannot always provide a remedy that will best
satisfy the needs of the parties. There may exist many other more practical solutions to a
dispute than would 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, especially
important where the parties have an ongoing relationship.
During mediation, the parties may learn communication and negotiations skills which can be
helpful to them in resolving problems in the future.
There is nothing to risk - no one gives up the right to bring legal action if the dispute
is not resolved.
M. SCOTT RAMEY, JUDGE
SYLVANIA MUNICIPAL COURT
DISPUTE RESOLUTION PROGRAM
6700 MONROE STREET SYLVANIA, OHIO 43560
(419) 885-8985