If you and the opposing party wish to attempt
to mediate your conflict or disagreement, you may do so before or after
you have commenced an
action with the Court. If an action has not been commenced and
mediation is not successful, you will still have the option of proceeding
to
a court action upon the filing of the appropriate court paperwork.
In most cases, once an action has been commenced with the Court,
the Community Dispute Resolution Center will contact you and the opposing
party to schedule a mediation session. While you are not obligated
to participate in any mediation service, it is often possible
to resolve
your case on terms agreeable to both parties, without court intervention,
through the mediation service.
If you commenced a case in Court and the case is settled prior to
trial through mediation, the filing fee you paid to commence the action
is not automatically included in the Notice of Judgment issued by the
Court. If the filing fee is to be reimbursed to the plaintiff by the
defendant, this must be indicated in the settlement agreement. Court
costs are not awarded to either party unless specifically agreed to
and included in the mediation agreement.
You may contact the Community Dispute Resolution Center specific
to the court/county in which you live for further information.
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