Many of the district courts have Small Claims mediators available for free. However, you may have to wait to have your case heard, and you won’t have a choice over who your mediator is.
At Skylark we offer flat fee small claims mediation with experienced mediators. For more information about our pricing click here.
Small Claims is the area of civil court (not criminal court) that hears claims between at least two parties in which one party is seeking monetary relief from the other party that is less than $7,000. The limit may not apply for automobile property damage or double or treble damages under the Massachusetts Consumer Protection Act. Also, claims for slander and libel are not permitted in small claims court.
Small Claims Court is a separate session held at a district court. However, there are important differences to be aware of. Most importantly, a small claims trial is heard in front of a magistrate, not a judge. Rather than requiring the party bringing the suit to hire a constable to serve the defendant, the court handles service issues in small claims court. Also, cases are usually heard more quickly than in district court.
Just like in any other case, you are not required to have an attorney in a Small Claim. Many people hire attorneys, regardless of where their case is being heard, in order to ensure that they give themselves the best chance of winning in court or settling for a fair and reasonable agreement. Although traditionally many people in small claims court chose not to hire an attorney, this is changing now that the claim limit is $7,000 instead of $2,000 and more is usually at stake.
Hiring attorneys in litigation is often costly and in many cases attorneys cost more than the amount being fought over. This is especially true in Small Claims court, which is why small claims are perfect for mediation. Instead of hiring two attorneys to spend time waiting around in court, you and the other person can hire one mediator to help you resolve your disagreement quickly.
Small Claims is the section of the court involving claims between at least two parties in which one party is seeking money from the other and the total request is less than $7,000. Hiring attorneys in litigation is often costly and in many cases attorneys cost more than the amount being fought over. This is especially true in Small Claims court, which is why small claims are perfect for mediation.