Center for Community Justice
Serving Elkhart County, Indiana
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| COMMUNITY MEDIATION PROGRAM The Community Mediation Program (CMP) assists disputing parties by facilitating a face-to-face mediation through which an agreement can be reached. Mediation is a process that empowers both parties to identify their own needs and to collaboratively seek a solution. Trained mediators are able to assist parties in separating and clarifying the issues at the root of a conflict, opening the door to new possibilities. Though at times necessary, more adversarial approaches to dispute resolution usually relinquish power to a third party arbitrator or judge. In contrast, mediation is built on the principle that keeping power in the hands of the people who have the greatest stake in a situation will lead to the most satisfactory solutions. CMP provides on-the-spot mediation for disputants in Small Claims Court, and is also available for referrals from the community, provided that both parties are willing participants. 1. CMP IN SMALL CLAIMS COURT CMP mediators are available in Small Claims Court to facilitate mediations between plaintiffs and defendants who dispute the claim being made. In fiscal year 2007-2008, CMP staff led 97 mediations for claims filed in Small Claims Court, serving 229 parties. Sixty-two percent of the mediations resulted in an agreement, avoiding the time and expense of 60 small claims trials. (return to top) 2. COMMUNITY REFERRALS If two or more parties wish to address a conflict through community mediation, without the involvement of the court, CMP staff can assist in leading this process. However, both parties must be willing participants; CMP cannot compel participation in community mediation. At the outset of a community mediation, both parties are asked to sign an Agreement to Mediate, which lays out expectations and guidelines for the mediation, in accordance with Indiana rules for Alternative Dispute Resolution. This is done to protect the interests of everybody involved. Agreements reached through community mediation are reduced to writing and signed by all parties. (return to top) |
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