Mediation

Deschutes County Justice Court has established a program of pre-trial mediation conferences to offer you a final opportunity to maintain control over the outcome of your dispute before turning it over to a judge.  Your case has been selected for mediation as part of this program.  Mediation is a procedure that brings you and the other party together to discuss your dispute with a neutral person who can help you create ways to settle your differences, but leaves it to the parties to decide whether to settle the case or to go before the judge. 

The procedure for mediation is simple:

• The mediator will ask each of you to describe briefly the situation which led to the dispute.  The mediator needs to understand your individual concerns to help you work through them to a settlement of the dispute.
• The mediator will ask you to talk directly to each other about your needs and concerns.
• If you choose to bring witnesses, they may be included in mediation only if the mediator needs some independent clarification, which is rare.  The mediator is concerned with your information and how you see the resolution of the dispute.
• The mediator will work with both of you to facilitate settlement of the issues.  Whatever you say in the mediation conference, except for the final agreement, will be held in the strictest confidence and cannot be used against either party should the case go to trial.

Although reaching an agreement in mediation is voluntary, you must appear at the date and time noted above. Failure to appear at the time set may result in your case being dismissed if you are the plaintiff, or a default judgment being entered against you, if you are the defendant.  If your representative appears at mediation on your behalf, they must come prepared to enter into a mediation agreement.

Mediation notices are mailed to all involved parties. Please refer to your notice for specific information. Upon arrival a Justice Court Clerk will check you in.