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Frequently Asked Questions
Mediation Services -> Small Claims Court Mediation

If you have a small claims court case pending, or are thinking of filing a suit, you may wish to consider mediation as a fast, free, positive and win-win alternative.

The Dispute Resolution Center provides mediators at all small claims courts in King County. On the day of trial, if you and the other party both choose to, you can mediate your case outside of the courtroom. If you don't reach a resolution, you can still have your case heard in front of the judge, so you don't lose any options by trying.

Advantages of Mediation vs. Small Claims Court

  • Control of the Outcome. Through mediation, you get to keep control over the outcome of your case. If you go to court, you let the judge make a decision for you. Even though both sides usually feel strongly that they will win in court, in fact, one side will lose. In mediation you're creating a win-win solution together with the other party, and don't need to agree to anything that doesn't work for you. You can't lose anything by giving mediation a try, and you have a lot to gain.
  • Flexibility. In court you need to provide evidence to substantiate what you're saying, and the judge will restrict your testimony to the legal and monetary issues involved. Mediation, on the other hand, is an informal conversation – you don't need to provide evidence or proof. Instead, you share what's important to you, and take into account what's important to the other party. In addition, the judge can only award a money judgment in small claims court, whereas in mediation you can create an agreement that includes whatever elements are important and acceptable to both parties. Return of property, correcting repairs, apologies, discounts, and payment plans are all things that could be included in a mediated settlement but couldn't be included in a court-ordered judgment.
  • Privacy and Confidentiality. Court proceedings and judgments take place in a public courtroom in front of other people, and are a matter of public record. Mediations are private conversations and may result in a settlement out of court, which helps protect both reputation and credit rating.
Download a summary of the advantages of mediation in a convenient PDF document, Small Claims Court Cases: Why Try Dispute Resolution.

If you and the other party resolve your case through mediation, you will have a signed contract that is legally enforceable. If at any time you feel the other party has not lived up to their side of the contract, you can return to court.

Scheduling Mediation for a Small Claims Court Case

You can choose to mediate before the day of your trial by calling the DRC. If mediation is appropriate for your case and the court date is at least four weeks away, we can set up a mediation in advance. If you don't resolve your case, your court date will still be available as a back up.

Or you can choose to mediate at the courthouse on the day of your trial. When the calendar is called, indicate that you would like to mediate. If both parties are willing, the mediator will take you to a private room to try mediation. Mediations in court are generally allowed 45 minutes to an hour. If you don't reach an agreement, the judge will still hear your case as scheduled.