Preparing for Your Mediation

Mediation is a guided negotiation. The mediator assists the parties with exchanging information and proposals to help the parties resolve their disputes. Some mediations are resolved in minutes, others hours. Sometimes it may be necessary to reschedule a mediation based on information and proposals exchanged. Contact the Dispute Resolution Department if you have any concerns about participating in mediation or concerns about the other party.

Almost any type of dispute can be mediated, except domestic or criminal issues.

If you have a dispute regarding custody, divorce, or juvenile issues, please contact the Franklin County Court of Common Pleas, Division of Domestic Relations and Juvenile Branch at (614) 525-6640.

If you are experiencing domestic violence or stalking, please call (614) 645-7483 for the City Prosecutor, contact the domestic violence hotline at (614) 224-4663, or visit LSS CHOICES for Victims of Domestic Violence.

Mediation can occur before a lawsuit is filed or while a lawsuit is pending with the Franklin County Municipal Court.

You may participate in mediation either in person, by phone, or online.

If you are scheduled for mediation please call (614) 645-8576 or email to confirm how you would like to participate.

The Court provides different mediation options based on the dispute type and whether or not a case has been filed. Some cases are referred to mediation by a judge or magistrate, other cases are referred by the parties themselves.

Learn more about Mediation Options

Sometimes parties reach agreement in mediation by accepting a settlement offer from the other party. All parties can make settlement offers during mediation if they wish. If you have an offer for the other party, it will be up to you to share that during mediation. Parties typically do not negotiate against themselves. In mediation, no one will force a party to make or accept an offer. An offer has to work for all parties for it to be accepted.

A couple examples of offer types are:

• Payment of a sum of money, over time, through a payment plan
• Payment of a sum of money quickly in a lump sum payment

If you can afford to make a lump sum payment in a short time frame (for example, 30 days), the other party may be willing to accept less money and dismiss the case once your payment is received. Consider asking the other party in mediation about a lump sum payment, if you would like to know if this option is available.

If you are offering a payment plan as a resolution, you may want to consider the following:

• How much will you pay in total?
• How much will each installment payment be?
• How often will you pay (weekly, monthly, etc.)?
• What are the due dates for each payment?
• How is payment to be delivered (in person, by mail, etc.)?
• What is the form of payment (check, cash, money order, etc.)?

When you make an offer to the other party, the other party may be able to give you a response during your scheduled mediation, or they may to have a follow-up mediation at a later date to think about your offer. It is up to the other party to decide if they accept or decline your offer.

Likewise, when a party makes an offer to you in mediation, it is up to you to decide if you accept or decline their offer. If their offer works for you, say so. Then parties can talk more about the specifics of the agreement. If their offer doesn't work for you, it is helpful if you explain the reason why the offer doesn't work for you. If you would like more time to evaluate their offer, consider asking if the other party is willing to do a follow-up mediation.

Mediation doesn't have to end if the first offer is not accepted. Either party can respond to an offer with a counteroffer.

Trading offers back and forth in a respectful manner may help you eventually reach agreement. If it doesn't, then hopefully each of you will walk away with a better understanding of the disagreement.

As part of their offer, the other party may require you to agree to certain conditions. This list is not complete, but examples of those conditions might be:

• A payment plan with a judgment in the other party's favor (this is also called an Agreed Judgment Entry and is available in active cases only).
• A dismissal of your counterclaim if you have one.

If you reach agreement with the other party, be sure that you understand the conditions in the agreement that you will be signing. If you have a question, ask. If you do not understand an agreement, or have questions about how it may impact your rights or credit, ask an attorney.

If parties reach agreement, the Mediation Program will report to the Court that parties participated in mediation, that agreement was reached, and the date that the Court can expect the agreement paperwork to be filed. Usually an attorney for one of the parties will write the agreement, send it to each party for signature, and then file with the Court.

If parties do not reach agreement, the Mediation Program will report to the Court that parties participated in mediation, and that no agreement was reached. The case will go back on the Court's active docket and proceed until a judge makes a final judgment in the case.