Solving Problems Through Mediation
An Alternative to Court

Mediation:

A process in which a trained neutral person, a "mediator," helps people in a dispute to communicate with each other, and if possible, reach agreements that satisfy the participants' needs. The mediator helps people reach their own agreements, rebuild their relationships, and if possible, find lasting solutions to their disputes. A mediator does not provide legal advice or recommend the terms of any agreements. Mediation is a process that lets people speak for themselves and make their own decisions.

The State's Attorney's Office's Criminal Misdemeanor Mediation Program provides a forum for individuals to talk out their problems with a neutral individual rather than drag them through the courts. Mediation empowers people to resolve their own problems in a constructive way and enables them to avoid conflict in the future.

The Criminal Misdemeanor Mediation Program provides an alternative means of resolving:

Minor types of criminal charges; trespass, telephone abuse, malicious destruction of property, certain types of assault, and the like, before trial, and; Intra-family disputes in which present or former spouses, boy/girlfriends, siblings, parents, or extended family members are caught up in domestic difficulties, and; Incidents arising out of a multitude of neighbor vs. neighbor disputes prior to criminal charges being filed.

What happens in a mediation session?
At a reserved time at the State's Attorney's Office the mediator listens to both parties tell their side of what happened in an effort to understand how the dispute came about, and to learn how each party would like to see the problem resolved. Referrals may be made to agencies in the county to assist the parties in building skills that may be lacking (parenting, budgeting, etc.) Or to experts in the field of individual or family counseling,. The Mediator does not decide who’s right or wrong; he or she merely assists the parties in coming to an acceptable solution.

What about lawyers or witnesses?
Parties may bring lawyers or witnesses if they wish. The sessions are brief -an hour or two depending on the issues involved -and informal. In mediation, the parties play an important role in resolving the dispute. The involvement of witnesses will be limited.

Then what?
When the parties reach an agreement which is put into brief, written form by the mediator. The parties sign the agreement and they are given a copy. In those matters involving a criminal charge, the mediator makes a recommendation to the Assistant State's Attorney about the disposition. Recommendations are subject to review by the State's Attorney's Office which retains final discretion.

What is the cost?
This is a service provided by the SAO. There is no cost to you.