Mediation Program

All mediators involved in the Ada County small claims program have been professionally trained. They are part of the program’s volunteer staff that is comprised of Boise State Dispute Resolution Interns, Certified Professional Mediators, and Community Volunteers.

Mediation is an informal, safe process;

• Many people find the process to be a comfortable, positive way for creative problem-solving.
• The persons best able to resolve a dispute are the people directly involved in the conflict.
• A total of 78% of the cases that go to mediation are resolved, and 94% comply with the agreement.
• Many people also get personal satisfaction from using the mediation process and taking an active part in solving their own dispute.
• Through mediation, people usually arrive at a final resolution more quickly and conveniently without the need to have a trial.
• The mediation process itself frequently opens the door to communication and allows trust to be rebuilt between the parties.

The mediator meets with the parties directly involved in the dispute, it may take 1-2 hours for the full mediation. Witnesses are invited to stay and listen to the first stage of the mediation, which is a complete explanation of the process. The witnesses are then excused and called into the mediation at the discretion of the mediators.

All parties involved in the mediation process will then be asked to sign an Agreement to Mediate form.  This form is intended to protect the rights of everyone present in the process, insuring that confidentiality will be maintained and that the expectations of the procedures are understood.

Together, the plaintiff and the defendant clarify what issues need to be resolved. Each party has a chance to tell his or her perspective and to explain what is important to him or her.

Mediators sometimes meet separately with the parties. The mediator will help you and the person you have the disagreement with generate options that may lead to possible solutions.

Litigants are not required to reach a final agreement at mediation. If an agreement is reached, all aspects of the agreement are written on a document and signed by all involved parties. The agreement is then reviewed by the Judge. Once the judge signs off on the agreement, it becomes a court stipulation.

Review dates are set as needed by the mediators to monitor compliance. If the mediation agreement is fulfilled, the parties do not need to attend a review hearing.  If compliance has not been met, the plaintiff must file an affidavit of non-compliance, and a default hearing and review date will be set.

You should bring any documents – statements, invoices, or photographs, for example – that will help the other person and the mediator understand all of your concerns and the issues involved in the dispute. Bring all relevant evidence just as though you were preparing to present it to the judge in a formal hearing. All evidence is shared with everyone involved in the claim. Bring the originals and two copies of each item of evidence to give to the other person and the mediator for examination.

In addition to organizing your evidence, you may want to write a brief, detailed account of your perspective of the dispute.  Ask yourself the following questions:

• What do I really want to happen as a result of this claim?
• What are my priorities in this case?
• What is the best alternative to a negotiated agreement?
• What do I think the other person wants to happen?
• What are the worst alternatives to a negotiated agreement?

If you need the services of an interpreter, please so indicate on your case claim or response, or contact the Ada County Interpreter Coordinator.

If you live out of state and wish to request a telephone hearing, you will need to do this two weeks prior to the scheduled court date. You can access the telephonic request form through the Ada County Court Assistance Office.

The Ada County Small Claims Mediation Program was implemented in 1997 in response to a substantial increase in the number of cases filed. The program uses mediators as communication facilitators in a confidential process between the plaintiff and defendant. The mediation is conducted on-site in a safe, neutral environment on the day the claim is scheduled for court, the goal of which is to promote a peaceful resolution prior to a formal hearing.

Mediation began in Small Claims cases and later expanded to Eviction cases for non-payment of rent.  Prior to trial, the Judge requests that all disputants participate in the mediation process. If a mutually-beneficial agreement is not reached during mediation, the plaintiff and the defendant will appear before the judge to present their evidence at a formal hearing.

Idaho Code section 1-2303 authorizes the Small Claims Department of the Magistrate Division to refer cases to mediation. Rule 16 of the Idaho Rules of Civil Procedure (I.R.C.P.) defines mediation as follows:

• “Rule 16(k). Mediation of civil lawsuits. — (1) Definition of Mediation. Mediation under I.R.C.P. 16(k) is the process by which a neutral mediator appointed by the Court or agreed to by the parties assists the parties in reaching a mutually acceptable agreement. The role of the mediator is to aid the parties in identifying the issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise and finding points of agreement. An agreement reached by the parties is to be based on the decisions of the parties, and not the decisions of the mediator.”

For additional information concerning Idaho Court Rules, please visit the Idaho Supreme Court web site.