If you are involved in a lawsuit at a Magistrate Court, you may be able to resolve it by participating in Mediation.

Mediation is one way for people to settle disputes. In Mediation, the people involved in a dispute talk about solutions that might work for them. The people who help them work out a solution are called Mediators.

Mediators do not decide who’s right or wrong or who wins or loses. The purpose of a Mediation is to find solutions that meet the needs of the people involved in the dispute.

Mediation can help you resolve the problem that has brought you to Court. The best resolution to any problem is usually the one worked out by the people involved. Through mediation, people have more control over the outcome of their case than if a judge or jury decides the outcome.

Mediation is an informal process, although the mediator does provide structure. Most people find it a comfortable and productive process. Many people prefer to take an active part in solving their own problem, rather than waiting for a Judge and/or Jury to impose a solution.

The Magistrate Mediation program is statewide and available for all Magistrate courts to make referrals, so long as the case is general civil or landlord-tenant (specific to return of the deposit and damage to the unit).

The judge has ordered your case to mediation and you are required to show up to the mediation just as you would be required to show up for a hearing or trial. However, no one will be forced to agree to anything they do not want. If you don’t reach agreement during mediation, your case may be set for a hearing.

Yes, please contact the Magistrate Court Mediation Program at 505-750-0321

Only the court can reschedule mediations. You will need to contact the court and request your mediation be rescheduled.

You can join the meeting with a desktop computer, laptop, tablet, or smartphone by accessing the link in your Notice of Mediation Hearing and typing in the included Meeting ID number.

Yes. Your Notice of Mediation Hearing includes a call-in number and a Meeting ID that will get you into the mediation.

Mediators will submit an outcome report to the Court, and indicate who was present and who was not. The court may reschedule your mediation OR set the case for hearing.

No more than 2 hours. Should you need additional time to mediate, a second mediation session can be requested.

Mediation works best when only the parties directly involved in the dispute are at the mediation. If anyone else is to be involved, their attendance must be approved by the parties as well as by the mediators.

The Magistrate Court Mediation Program has a pool of professionally trained Mediators who offer their services at no cost to the parties.

Mediators are impartial third parties. Mediators DO NOT give legal advice and/or provide legal services

Yes. Whatever is said in Mediation (offers, etc.) cannot be used as evidence in Court. Also, the mediators cannot be called as witnesses in court.

You and the other party will have the opportunity to talk about what has happened and what is important to you. You will talk about different ways the case might be resolved. The Mediators will ask questions, try to help clarify issues, and try to make sure each party is understood and acknowledged.

If you resolve your case through Mediation, an Agreement will be signed by all parties and will become part of the case file unless the parties want the Agreement to be confidential. The case will not have to proceed to Trial, and a Stipulation of Dismissal will be signed.

no need to bring anything. be prepared to have a facilitated discussion and engage the other party in respectful problem-solving and brainstorming opportunities to move forward.

If the Mediated Agreement is not followed, a party may, within five years of the Dismissal, file a Motion for Judgment and Statement of Non-Compliance, together with a copy of the Mediated Agreement to have a Court reopen the case and seek a judgment against the other party.

The case will be sent on to the assigned Judge and set for hearing or Trial.