Plan

Making Offers

In mediation, no one will force a party to accept an offer. If your offer only meets your interests and does not meet the other party's interests, it is unlikely that the other party will accept your offer.

When thinking of the terms for your offer, it may be helpful for you to pretend that you are in the other party's shoes. If you were in their shoes, what type of offer would you accept? If you were in their shoes, what type of offer would you reject?

Responding to Offers

When a party makes an offer to you in mediation, it is up to you to decide if you accept or reject that offer. If the offer works for you, say so. Then parties can talk more about the specifics of the agreement. If the offer doesn't work for you, it is helpful if you explain why the offer doesn't work. Just saying "no" is not a productive response to an offer in mediation. Let's face it, would you want someone to respond to your offer that way and not explain why?

Payment Plans

If you are offering a payment plan as a resolution, you may want to consider the following:

• How much will you pay in total?
• How much will each installment payment be?
• How often will you pay? (weekly, monthly, etc.?)
• What are the due dates for each payment?
• How is payment to be delivered (in person, by mail, etc.?)
• What is the form of payment (check, cash, money order, etc.?)
• If you are involved in a Court case, is the other side asking that you agree to a judgment in order to accept the payment plan?

Depending on your dispute and situation, there may be other details to think through as well.

Whatever you offer, be sure that it is something that you are confident you can follow through on. If your payment plan offer becomes part of an agreement, there may be negative consequences if you fail to follow through (for example, garnishments, or a judgment, etc.).

Rejecting an Offer and Making a Counteroffer

If the other party's offer doesn't work for you, the mediation doesn't have to end there. If you have thoughts for how the dispute can be resolved in a way that works for all parties, then share them by making a counteroffer.

The other party may accept your counteroffer or they may not. However, trading offers back and forth in a respectful manner may help you eventually reach agreement. If it doesn't, then hopefully each of you will walk away with a better understanding of the disagreement and how to move forward.

Lump Sum Payments

If you are involved in a Court case where the other party says you owe them money, and you agree that you owe the other party money, you might also think about whether it is realistic for you to offer to pay an amount in a lump sum payment.

If you can afford to make a lump sum payment in a short time frame (for example, 30 days), the other party may be willing to accept less money and dismiss the case once your payment is received. Consider asking the other party about a lump sum payment in mediation.

Conditions to Agreement

In order to accept your offer, the other party may require you to agree to certain conditions. This list is not complete, but examples of those conditions might be:

• A payment plan with a judgment in the other party's favor (this is also called an Agreed Judgment Entry and is available in active cases only).
• A dismissal of your counterclaim (if you are a party in an active court case).
• A promise that you will not share the terms of the agreement with others (also known as a confidentiality agreement).

If you are participating in a mediation and you reach agreement with the other side, be sure that you understand the conditions in the agreement that you are signing. If you have a question, ask. If you reach agreement in mediation and the other side tells you they will send the agreement to you later for you to sign, consider asking whether there will be any other language/conditions in the agreement other than what parties discussed at mediation. If you do not understand an agreement, or have questions about how an agreement may impact your rights or credit, ask an attorney.

Personal Property

Sometimes a party wants the return or repair of personal property. In mediation, parties can work out arrangements related to the return or repair of personal property on terms that work for them.

However, if you file a Small Claims lawsuit, the Small Claims Division only has the authority to hear cases for money damages that do not exceed $6,000, not including interest and court costs – no other relief is permitted. The Small Claims Court cannot award the return of property.