Need to settle a squabble?
The Ventura Center for Dispute Settlement (VCDS), a nonprofit organization specializing in alternate forms of dispute resolution, is now offering free onsite mediation services for Small Claims litigants in Ventura County.
The Camarillobased organization, which offers free mediation at the Ventura Hall of Justice on Friday mornings and at the East County Courthouse on Monday afternoons, has successfully settled 186 out of 306 small claims cases in Ventura and Simi Valley since the program started in June 2007.
Cheryl AllainMee, vice president of VCDS, said that mediation allows plaintiffs and defendants to control the outcome of their cases, instead of having a judge decide who wins a lawsuit.
"What you agree to can be a lot more creative than what a court judgment can give you," Allain-Mee said. "Sometimes it just gives people a chance to apologize. Hurt feelings don't collect court damages."
According to the Judicial Council of California, more than half of all civil cases filed in the state are small claims cases.
When both parties agree to try mediation, a trained, neutral third-party mediator works with both the plaintiff and the defendant to reach a solution that both sides deem fair, instead of letting a judge make the final decision. Mediation can also settle disputes before a lawsuit is filed.
The most common cases settled through mediation are landlord/tenant conflicts and consumer/merchant disputes, Allain-Mee said. Other disputes that can be settled through mediation are real estate, labor, family and domestic cases.
"We facilitate negotiations," Allain-Mee said. "It's a very good option, especially for people who are going to have to deal with each other in the future, like family or neighbors. It lets them go away feeling satisfied with the outcome. Mediation promotes a much more positive reaction."
Ventura Superior Court Commissioner Mark Borrell, who was recently named Alternative Dispute Resolution Advocate of the Year by the county bar association and VCDS, has promoted the mediation program by allowing trained mediators to offer their services before he presides over Small Claims Court cases in Ventura and Simi.
"What I tell people is that the biggest mistake they make is feeling too confident that they know what's going to happen in court," Borrell said. "But if the other party says something or I interpret the law in a way they weren't anticipating and they lose, some of these people are just crushed.
"In a perfect world, I want them to feel good about the decisions I make so they have a sense that that the civil justice system works. If feelings are crushed, they're not going to have that feeling as often as we hope," he said.
Borrell said mediation gives people the opportunity to express themselves in a nonconfrontational way and feel like they've gotten a fair result.
This week, VCDS mediated seven cases at the East County Courthouse that were originally on Borrell's calendar Monday afternoon. All seven were settled.
About 10 volunteer mediators from VCDS, including senior supervisor Bill Knapp, attended Monday's court session.
Knapp, whose plaintiff and defendant sat on benches on opposite sides of the courthouse hallway, went back and forth between the two parties discussing the terms of their settlement.
"We kind of play devil's advocate," Allain-Mee said. "We explain the best or worst thing that could happen if they do or don't settle. We try to present the value of avoiding judgment."
While an average mediation session takes about two or more hours in an office, a free mediation session at the courthouse generally takes 30 to 40 minutes due to time constraints.
After the session is completed, the parties return to the courtroom, where the judge gives an official reading of the settlement.
If no agreement was reached during the mediation session, Borrell still gives the case priority placement in his courtroom.
The panel of mediators assisting the Ventura County Superior Court is made up of volunteers from all professional fields who have gone through the center's mediator training course. Those interested in becoming a volunteer mediator with VCDS should call (805) 384-1313.
For more information on VCDS services, call (866) 7459625 or visit the website www.vcds.bz.
In a Nutshell
•When two parties in a dispute agree to mediation, a trained, neutral third-party mediator works with both the plaintiff and the defendant to reach a solution that both sides deem fair. •The most common cases settled through mediation are landlord/tenant conflicts and consumer/merchant disputes. •While an average mediation session takes about two or more hours in an office, a free mediation session at the courthouse generally takes 30 to 40 minutes. •For more information on VCDS services, visit www.vcds.bz or call (866) 745-9625.

