Is mediation cheaper than a small claims trial?
Usually yes. Many small claims courts offer free or low-cost mediation with volunteer mediators, often on the same day as the hearing. Mediation takes a few hours, while preparing for and attending a contested hearing costs more time off work and carries an uncertain result.
Is mediation required in small claims court?
It depends on the state and county. Some Florida county courts order mediation at the pretrial conference. California, New York, and many other jurisdictions offer voluntary court-connected mediation before the hearing. Even where optional, judges strongly encourage it.
What are the advantages of mediation?
Mediation is faster, cheaper, private, and lets you craft a solution both sides can accept — including payment plans a judge cannot order. It also preserves business or personal relationships. If it fails, you keep your right to have the judge decide.
What happens if mediation does not settle the case?
Nothing you said in mediation can be used against you, and the case simply proceeds to the scheduled hearing before the judge. Mediation is confidential and without prejudice, so there is little downside to trying it first.