Small Claims Court Mediation in California: What It Is and When to Use It

When you file a small claims case in California, the outcome isn't always a courtroom showdown in front of a judge. Many California counties offer mediation — a structured conversation between both parties, facilitated by a neutral third party — as an alternative to, or preliminary step before, the formal hearing. Understanding how this works can save you time, stress, and sometimes result in a better outcome than the judge would have awarded.

What Is Small Claims Mediation?

Mediation is a voluntary process in which a trained, neutral mediator helps both parties discuss the dispute and try to reach a mutually acceptable resolution. The mediator does not decide who is right or wrong — that's what judges do. Instead, the mediator asks questions, reframes issues, and helps both sides find common ground.

In California small claims court, mediation is: - Free in most counties where it is offered - Voluntary — neither party is forced to participate - Confidential — what is said in mediation cannot be used against either party in the subsequent hearing if mediation fails - Non-binding unless both parties agree to a settlement in writing

If mediation produces a written settlement agreement signed by both parties, that agreement is legally binding and enforceable as a contract.

How California Small Claims Mediation Is Offered

There is no single statewide program — mediation availability depends on the county and courthouse. The most common format is same-day mediation: when you arrive for your scheduled hearing, a mediator may be present and offer to meet with both parties before the judge calls your case.

Sacramento County, for example, has a notably well-developed same-day mediation program. San Diego County also has strong mediation offerings through its courthouse. In Los Angeles County, mediation availability varies by courthouse location.

Some counties offer mediation before the hearing date — you can request it at the time of filing or in the weeks leading up to your hearing. Contact the specific courthouse or advisory service to find out what is available in your county.

When Mediation Makes Sense

Mediation is not always the right choice, but it tends to work well in specific circumstances:

When the relationship matters. If you are suing a neighbor, landlord (for a future reference), or a business you may deal with again, a negotiated resolution preserves more goodwill than a judge's ruling. Court judgments are public records; settlements are not.

When the facts are disputed. If the core disagreement is about what happened rather than a clear legal violation, mediation gives both sides a chance to present their perspective informally. Judges have 15-20 minutes; mediators take as long as needed.

When there are emotional components. Disputes between family members or long-term relationships often have emotional layers that make judicial proceedings feel inappropriate. Mediators are trained to address these dynamics.

When you want payment flexibility. A judge can only order a lump sum or structured payment in limited ways. A mediation settlement can include creative arrangements — installment payments, offsets for future services, trade of goods — that judges cannot impose.

When Mediation May Not Be Worth It

Mediation is less effective when:

• One party refuses to participate. Mediation requires both sides to engage in good faith. A defendant who shows up just to delay proceedings will not negotiate productively.
• The facts are clear and documented. If you have a signed contract, clear proof of breach, and documented damages, a judge may award you the full amount more efficiently than a negotiated settlement. Don't discount your claim in mediation when the evidence strongly supports you.
• The dispute involves a principle. Some plaintiffs want a public judicial record of the defendant's wrongdoing, not a quiet settlement. Mediation won't produce that.
• The defendant is a large company. Corporate defendants sometimes use mediation to wear out individual plaintiffs. Know your evidence strength before agreeing to spend time in mediation with a company that has everything to gain from delay.

How to Request Mediation

If mediation is available in your county but isn't automatically offered:

1. Contact the courthouse clerk before your hearing date and ask about available mediation programs.
2. Contact the county's small claims advisory service — they maintain current information about mediation resources.
3. In some counties, you can request mediation on the SC-100 form itself or in a separate letter to the court.
4. If same-day mediation is offered, arrive early on the hearing date. A mediator will typically approach parties in the waiting area.

What Happens in the Mediation Session

A typical small claims mediation lasts 30 to 90 minutes. The mediator introduces the process, explains confidentiality, and gives each side a chance to explain their position without interruption. Then the mediator facilitates discussion, often meeting with each party separately (called "caucuses") to explore their real interests and bottom lines.

If agreement is reached: - The settlement is written up and signed by both parties - In most programs, the settlement agreement is filed with the court and the case is dismissed - The agreement is enforceable as a contract if the defendant does not pay

If no agreement is reached: - The case proceeds to the judge as originally scheduled - Nothing discussed in mediation can be brought up at the hearing - You have lost nothing except the time spent mediating

Mediation vs. Going to Trial: A Practical Comparison

Using the Guide Regardless of Path

Whether your dispute goes to mediation, settles beforehand, or proceeds to a full hearing, understanding the complete small claims process — demand letters, evidence standards, judgment enforcement — gives you better information at every stage, including at the negotiating table.

Get the California Small Claims Court Filing Guide