Rule 12.061 - SMALL CLAIMS MEDIATIONMediation in small claims cases is mandatory. After a demand for hearing is filed, both parties will be notified by mail of the date they are to appear for mediation. Any counterclaims will be heard at the same time. Request for a change in the mediation date must be in writing and received by the court no later than seven (7) days before the scheduled mediation date.
(1) All contested small claims cases must be referred to mediation pursuant to ORS 36.185.(2) All parties must appear for mediation. A party not appearing for mediation may have a judgment entered against them subsequent to an opportunity for a hearing. An authorized representative may appear on behalf of a business but must be familiar with the facts of the case and must have full authority to settle. Attorneys will not be permitted to attend a small claim mediation session.(3) If mediation is not successful, a trial will take place. Trials may be set for a future date. If mediation is successful, the agreement will be forwarded to a judge for approval.(4) If the agreement states that one party will have judgment against the other, the judgment is entered in the records as an enforceable judgment. If the agreement calls for the recovery of money, specific personal property or any penalty or forfeiture, and the party who owes the debt does not abide by the agreement, the party who is owed is responsible for enforcing the judgment.(5) If the agreement does not state that one party will have judgment against the other, the signed agreement is entered in the case as a stipulated order. If one party fails to comply with the terms of the agreement, the other party can file an affidavit of non-compliance within six months of the date of the stipulated order, which, if approved by a judge, will convert the stipulated order into a judgment for the original claim, less what the debtor has already paid. The creditor's filing fees, service costs, and a prevailing fee for a default will be added. After six months, if one party fails to comply with the signed order, a new case must be filed.Columbia Supp. L. R. 12.061
Amended effective 2/1/2024.