Anyone used mediation before?

Question

Our local superior court is always encouraging people to use mediation and arbitration as an alternative to clogging their overcrowded schedules. It sounds like a good thing to do, but I can't see any situation where it would be practical.
Has anyone here found mediation/arbitration to be useful? My location is in Orange County, CA

Mark Hu · Answer

I do think mediation helped - unless the defendant I am working with is not sincere.
Isn't judgment after filing 'stipulation for entry of judgment' pretty automatic?

Jeff B. · Answer

I don't know about your state but in Florida the court mediators are lawyers who volunteer to mediate the cases.  It seems to work out well when it is a non-payment of rent case or issues regarding an HOA overcharging you.

The main thing people don't realize about court is it's not suppose to be a bonanza for anyone but just make you even or whole before whatever happened.

Since these are lawyers present they will actually educate either side if they interpreted some laws wrong or advise them to consider an offer if it's fair but they are trying to be unreasonable.

Marc Freislinger · Answer

If they default, you do have to file again with the court.

To the original topic,

The two different court systems I've dealt with in Indiana (Knox County and Lawrence Township), both require mediation prior to the court hearing. Each time, mediation was a waste of time. They basically sat us down and made us talk to each other. If this hasn't worked before we file suit, I don't see why they think it will work afterwords.

Rob Gillespie · Answer

I have, it is nice because it is up to you on what you decide to do. It is really more useful in situations where communication is lacking between you and the other party. In cases where you have good open lines of communication, but cant come to an agreement, it is not too helpful. Just my opinion. I have been through a few of them.

Steve Babiak · Answer

Mark,

Did you use an attorney?  Let that attorney finish the job if you used one.

If not, then it's all very local, so you should talk to people locally to get an idea of how to proceed.

Mark Hu · Answer

I did go through mediation recently, and came to an amicable settlement with an ex tenant. We signed a 'stipulation for entry of judgment-small claims' form.
If the defendant defaults on this agreement, how do I proceed? Do I file this document with the county clerk? This is Orange County, ca

Christine S. · Answer

If it is a real estate matter call the Pacific West Board of Realtors and they will give you the phone number of a mediator. If it is a property management issue, ask the court in Orange to refer you to a mediator. The mediator is good because they will try and resolve the issue between the parties and if it is not resolveable, you go to court anyway. The courts in OC are very back logged and the process goes quicker with a mediator. The point of going to court is to resolve the issue....

Mark Hu · Answer

So Ingrid you find mediation sometimes helps? That is interesting.
Usually when we can't work things out, the trust level has gotten so low I can't imagine mediation helping ... however maybe I am wrong?
I don't even know if they charge for mediation service around here.

Ingrid Nagy · Answer

In NJ it is mandatory prior to being able to see the Judge and very time consuming.  After the roll call we are faced with the wait for the case name call. Then we sit with a you either law school student who tries to steer us towards settlement.  It is very highly suggested that you work out through mediation; alternative being sitting in Court all day.  I have found it just easier to settle with say tenant bringing funds in 24 hours.  When they don't I move for my lockout.

Adrian G. · Answer

For some reason it is HUGE HUGE HUGE in orange county, I know of 2-3 other people doing it there for some financial reasons and others have responsibility of property/deals that went south. I think it can be very useful as long as everyone agrees to take part in it. Im too stubborn for that sort of thing haha (sometimes).