After the filing of a small claims case, each person or business
sued must be served with a Summons or Notice to appear in court on
the date and time scheduled when the claim was filed. This court date
will be a pre-trial conference and parties should be prepared to present
their cases in court.
At the pretrial conference mediation is ordered if both parties
to the dispute are present and unable to settle their dispute. A mediator
acts to encourage and facilitate the resolution of a dispute between
two or more parties. Mediation is an informal and non-adversarial
process with the objective of helping the disputing parties reach
a mutually acceptable and voluntary agreement. In mediation, decision-making
authority rests with the parties.
If the dispute cannot be settled at the pre-trial conference, a trial
date will be scheduled by the court. The parties must appear at the
trial with all witnesses and documentation.
At the trial, both parties will have an opportunity to explain the
case to the judge, ask the other party any questions concerning the
claim, present documentation as discussed at the pre-trial conference,
and call witnesses.