This article discusses mediation used to address the increase of self-represented parties and the decrease in court budgets, especially in small claims cases. The author outlines six models that courts use to refer parties to small claims mediation, including court-ordered or recommended mediation. According to the author, small claims cases are the most likely to include at least one self-represented party, making mediation a good option for these cases because mediation does not include the strict rules or structure that litigation entails. The author analyzes the point at which judges refer cases to mediation for each model to indicate which possible goal of mediation each model addresses. For example, the court mediation referral model is most effective for mediation programs that aim to be well-integrated into the court system because an authority figure has the ability to determine which cases are appropriate for mediation and to subsequently refer parties to mediation. The author concludes the article by saying that court authorities must determine which goal of mediation they want to address and then choose to implement the corresponding referral model.
Increasing Referrals to Small Claims Mediation Programs: Models to Improve Access to Justice
Scheiwe Kulp, Heather. Cardozo Journal of Conflict Resolution , Jan. 1, 2013https://s3.amazonaws.com/aboutrsi/59316e290795cd30b90af285/Increasing%20Referrals%20to%20Small%20Claims%20Court.pdf