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PCMS provides mediation services for Municipal Civil Court in five areas: Small Claims Pre-file cases scheduled by citizens who wish to attempt mediation prior to filing a Small Claims suit, Small Claims cases referred by magistrates on the day of trial, Rent Escrow cases referred by clerks, Accounts Receivable Mediation for businesses whose customers have overdue accounts and Municipal Civil cases referred by judges or magistrates. The mediation process is essentially the same as
the mediation of criminal misdemeanor disputes with one exception. When
mediation is unsuccessful, parties are directed to Civil Court rather than
routing these cases to a prosecutor. Private citizens who have Small Claims disputes
may schedule mediation prior to filing a formal complaint in Small Claims
Court. A party may schedule such mediation by coming in person to PCMS
Intake to be interviewed (no interviews can be conducted over the
telephone). In general, any case appropriate for Small Claims Court can be
scheduled for mediation as long as the scheduling party can provide PCMS
with the name and address of the other party. Mediation is typically
scheduled 2 - 3 weeks after the interview and there is no fee for this
service. If parties reach a settlement in mediation, then there is no need
for filing in court. If mediation is unsuccessful, parties are directed to
Small Claims Court. PCMS staffs a mediator in Small Claims Court so
that magistrates may refer cases to mediation on the day of trial. If
parties reach a settlement in mediation that day there is no need for trial
and the magistrate dismisses the case based upon the mediated agreement. If
the parties do not reach a settlement, the magistrate proceeds with trial.
When a tenant places rent in escrow with the
Court, clerks refer the case to PCMS. Once a case is referred, PCMS
schedules the case for mediation, then notifies both the tenant and the
landlord of the mediation date. Mediation allows the landlord and tenant to
attempt an early resolution of issues involving repairs, move-out dates,
distribution of money held in escrow, etc. If parties reach a settlement in
mediation, neither the tenant nor the landlord needs to appear in court
regarding the rent escrow. Because mediation is non-adversarial, it supports
a positive tenant-landlord relationship and builds capacity for managing any
future disputes. Mediation is provided at no cost to the tenant or the
landlord; representation by an attorney is an option, not a requirement for
rent escrow mediation. If mediation is not successful the landlord and
tenant are directed to file the appropriate action in court. Accounts Receivable Mediation provides businesses
with a mediation alternative to the filing of claims in Small Claims Court
for accounts overdue. Through Accounts Receivable Mediation, the business
can schedule a hearing to resolve the overdue account. There is a $15.00
filing fee for this service. Cases are appropriate when the overdue account
results from business conducted in Hamilton County, the amount in less than
$3000 and the account is less than one year old. Further information about
this service can be obtained by phoning PCMS Intake and requesting the
Accounts Receivable Mediation information packet for businesses. Judges or magistrates may refer cases from their municipal civil
dockets. Once referred, PCMS contacts all parties and their attorneys
to schedule mediation. If mediation is successful, the case can be
dismissed. If it is not successful, the case goes forward in court. Please
see Civil Mediation for complete details. PCMS can provide training in the areas of mediation, conflict resolution and negotiation when requested by other county or city departments or any other outside entity. PCMS charges a fee for this type of training and those fees are returned to the county. PCMS also has the ability to provide mediation services to county or city departments who refer employees for the resolution of work place conflicts. PCMS charges a fee for this type of mediation service and those fees are returned to the county. |