Small Claim, Big Reward

On Saturday, May 27, I finished another training program for people who want to volunteer as mediators in Small Claims court.

We normally see disputes that have a dollar value in contention.  But, people can be creative in the disputes that they bring to Small Claims.

For example, in one recent case a blogger sued another blogger for engaging in a campaign of cyber-bullying by posting a series of false statements.

The burden of proof in a libel case is on the plaintiff to prove what was posted was false.  The defendant isn't required to prove they are true.

The judge ruled for the plaintiff saying that he believed what the the defendant posted was false and awarded the plaintiff $5,000 in damages and $55 in court fees. 

Peter Costanzo
Restoring Relationships Through Mediation

Saturday, 5/13, I began teaching another three-weekend training program for people who would like to be certified as mediators in California Small Claims Courts. 

I do share the history of mediation in the U.S. and people are generally surprised to hear that in the Colonial era, going to court to resolve disputes was discouraged and religious groups provided mediation services as an alternative. 

One person in the class, a chaplain, shared verses in the Bible that speak to not taking your neighbors to court. For example, Proverbs 25:8-9: "Do not hastily bring into court for what will you do in the end, when your neighbor puts you to shame? Argue your case with your neighbor himself, and do not reveal another's secret." 

In the discussion, everyone agreed that we in the U.S. too often look to our courts to resolve our conflicts when mediation may be more effective in restoring relationships between the disputing parties.