Small Claims Mediation

Small Claims cases are well suited for mediation because they often involve parties who have an ongoing relationship. The emotional distress resulting from the dispute can be more of an issue than the money at stake, and many times there is not a clear-cut party "at fault." These cases benefit from mediation's informal, private, and confidential setting. Small Claims pilot projects in Kentucky operate at no cost to the parties, and each one is tailored to the particular needs and resources of the jurisdiction where they are offered. Volunteer mediators are the key factor in providing this service.

Jefferson and Boone counties utilize a pre-existing, court-connected Pretrial Services mediation structure. In these counties, small claims clerks offer parties an opportunity to mediate their dispute before they file a formal complaint and incur litigation costs. Court mediators in the local Pretrial Release agency mediate the case at no cost to the parties. If the mediation is successful, the parties have saved time and money. If the mediation is unsuccessful, the parties can still file a formal complaint and have their day in court.

Smaller counties, such as Bourbon, Madison, Scott, Shelby, and Woodford, follow a model developed in Fayette County in 1992. There, the cases have already been filed and placed on the small claims docket. The judge explains during his or her opening of court the benefits of mediation and emphasizes that it is a free service offered by volunteer mediators who are present in the courtroom. The parties are strongly encouraged to try mediation. Cases are then mediated in a nearby conference room. Approximately 70 percent of these cases settle. Those that do not settle return immediately to the courtroom for the regular hearing by the judge.

Small claims mediation is a tremendous help to judges and litigants. Currently, the Mediation and Family Court Services staff is refining the process and training a larger volunteer mediator base. Judges can assist by identifying individuals with mediation potential and referring them to Mediation and Family Court Services for mediation training.