Useful Documents

All documents are in Microsoft Word format.

Pre - Mediation

• Tips for a Successful Mediation
  
  
• Agreement to Participate in Mediation
  Contact the Small Claims Mediation Program to seek permission for parties, other than the principal persons named in the complaint, to participate in the mediation.

During Mediation

• Confidentiality Policy
  The mediators will explain the concept of confidentiality and its narrow exceptions. Before the mediation begins, the parties must review the "Agreement to Participate in Mediation" and sign a form indicating their good faith promise to abide by the confidentiality policy.
  
  
• Litigants' Evaluation
  Please help us track the program so that we may make improvements.
  
  
• Written Agreement
  If an agreement is reached, the mediator will draft a written copy of the agreed upon terms. This document is to be preserved by the parties and presented to the court only in the event that there is a default in performance of a term that is part of a case that has been continued or a case in which a stipulated judgment has been granted. For all cases in which performance of the terms is complete and the complaint dismissed by the Plaintiff, the court will not retain a copy of the agreement.

Post - Mediation

• Request for Continuance
  If the parties reach an agreement during a mediation or through a phone conciliation and all terms of the agreement will NOT be performed to each parties'' satisfaction on or before the court date, then one or both of the parties must appear in court to request that the court, in its discretion, grant a continuance (a.k.a. a postponement or an extension - not to exceed 90 days) of their court date until such time that performance of the terms may occur.
  
  If full performance occurs before the continued court date, it is appropriate for the Plaintiff to request a Dismissal with the clerk at the Los Gatos Courthouse on or before the court date.
  
  
• Request for Dismissal  (document is in PDF format - Get Adobe Acrobat Reader)
  If the parties reach an agreement during a mediation or through a phone conciliation and all terms of the agreement have been performed to each parties'' satisfaction on or before the court date, the Plaintiff or the Counter-Claimant must file a Request for Dismissal with the clerk at the Los Gatos Courthouse. This form must bear the original signature of the filing party.