ACCORD'S SMALL CLAIMS COURT MEDIATION PROGRAM

ACCORD receives a constant flow of referrals directly from local city, town and village small claims courts within both Broome and Tioga Counties . Most of the individuals in these cases have already filed in Small Claims Court and have been scheduled for a court appearance. ACCORD contacts the parties to offer mediation as an alternative to the Court process. If both individuals involved in the Small Claims action choose mediation, the case is scheduled quickly at a time that is convenient to all parties. Matters are confidential and the process is voluntary. Mediation gives each party the opportunity to present his/her position. With the help of a professionally trained mediator, the parties work together on possible solutions. If the parties are able to reach an agreement, the mediator assists in documenting the agreement for submission to the court. When an agreement is not reached through mediation, the parties appear for the scheduled court hearing and the Small Claims Court Judge will render a final binding decision.

WHAT IS THE SMALL CLAIMS COURT?

The Small Claims Court is an informal court where individuals, corporations, partnerships and associations can sue for money up to $5,000.00 without a lawyer.

For example, if you feel that a person or business damaged something of yours, you may sue that person or business for the monetary amount of your damages. You also may sue a person or business for money damages arising out of a dispute over a contract. However, in Small Claims Court, you cannot compel that person or business to fix the damaged item nor require the performance of the act promised in the advertisement. Your small claims lawsuit can be only for money.

By contrast, in mediation, parties may resolve the conflict for the completion of work or for the exchange of personal property items rather than only by monetary award.

*Excerpts taken from http://www.courts.state.ny.us/ithaca/city/webpageguidetosmallclaims.html, 11/22/05