Small claims mediation for an unpaid invoice takes five steps: confirm the claim qualifies, find a mediator, attend on time, file any agreement, prepare exhibits. The court pages cited here each describe one state, so they show how those courts handle each step rather than one rule for every court.
Key takeaways
- before you file, look up your court's claim limit and the list of disputes it accepts.
- a Colorado plaintiff labels exhibits starting with 1, according to Colorado Judicial Branch, so number the copies before the hearing.
- in Oregon's Multnomah County program, parties must appear on the date given in the Notice of Hearing, according to Oregon Judicial Department, so calendar that date as soon as the notice arrives.
- agree the balance figure in writing with the other side before a mediation session ends.
Why mediation comes before the hearing
Oregon's description of its Multnomah County program reads: "Multnomah County Circuit Court has a small claims pre-trial mediation program that provides an opportunity for people in conflict to reach a mutually satisfying resolution with the help of an impartial third party, the mediator," according to Oregon Judicial Department.
The same description calls the program pre-trial, which places the session before trial, according to Oregon Judicial Department. It also frames mediation as an opportunity to reach a resolution. That is different from a promise that the invoice will be paid, so treat a session as one option in the file rather than a guaranteed result.
Before any mediation contact, gather the invoice, the payment record, and the client's written replies into one folder. If part of the invoice was paid as a deposit, see the PaidSmith guide to splitting the remaining balance. Keeping the figures in one place means the discussion starts from the same numbers on both sides.
Write a short list of what each side has already agreed to, with the date of each agreement, so the session can focus on the amount still in dispute. If the client has not replied in writing, record the date of each request you sent, since that record belongs in the file you bring to any session.
Mediation is one stage in the case, not the whole case. If the session does not produce an agreement, the steps that follow still apply to your claim.
Step 1: Check the claim qualifies as a small claim
The first step is to confirm the claim fits the small claims process in the state where the case will be heard. The table below sets one key sentence from each page side by side.
| Publisher | Source page | Key sentence |
|---|---|---|
| North Carolina General Assembly | G.S. 7A-210 | Amount in controversy, computed under the statute. |
| Colorado Judicial Branch | Opening a Case | For a full list of disputes or specific information on the law, see Colorado Rules of Civil Procedure Rules 501 - 521 and C.R.S. § 13-6-403. |
| Oregon Judicial Department | Small Claims | Parties must appear on the date and time given in the Notice of Hearing – Mediation. |
| Maryland Courts | Someone Owes Me Money | If either side requests a jury trial, the case must be heard in Circuit Court. |
The North Carolina text also lists a further condition, reading "(3) The plaintiff has requested assignment to a magistrate in the manner provided in this Article," according to North Carolina General Assembly. Check each condition on your own state's page, not on the page of another state.
Maryland's page shows how one request can change where a case is heard, according to Maryland Courts. Ask yourself whether either party is likely to request a jury trial before you choose a filing route.
Start with the figure you intend to claim. Subtract any payment already received, then compare the result with the amount-in-controversy wording on your state's court page. Look up your court's dollar limit before you file, and write the result on the first page of the invoice file so the calculation can be checked later.
Copy the exact wording from your own court's page into the invoice file, since a paraphrase can drop a condition. Write the client's legal name as it appears on the invoice, so the claim names the party you intend to sue. Keep a copy of each court page you checked, with the date you checked it, in the same file. A dated copy shows which wording you relied on when you filed.
Step 2: Find a mediator
The mediation options depend on the state, so begin with the court page for the state where the case will be heard. For Colorado, mediation services are available from the Colorado Office of Dispute Resolution or from private mediators, according to Colorado Judicial Branch. The same page gives the office's numbers as 720-625-5940 or 800-888-0001 extension 55940, according to Colorado Judicial Branch. Call the office, ask whether it can take the case, and write the answer down with the date of the call.
The same page points readers toward private mediators, suggesting listings in the Yellow Pages or a search for local mediators on the internet, according to Colorado Judicial Branch. Ask whether a mediator is connected with the court or is a private service, because the Colorado page lists these as separate options. Compare availability and cost in writing before you commit to either route.
For Oregon, Multnomah County Circuit Court has a small claims pre-trial mediation program, and the mediator is described as an impartial third party, according to Oregon Judicial Department. That description covers Multnomah County, so a case filed in a different county needs that county's own court page. For any other state, begin with that state's court page to find its mediation options.
When you contact a mediator, ask for the process in writing before you agree to a date. Ask whether the session will be held in person or in another format, and get that answer in writing as well. Keep a log of each contact, with the name, the method of contact, and the date of every reply, so the order of events is clear if the file is reviewed later.
Step 3: Show up on the set date
Oregon's page ties attendance to the Notice of Hearing – Mediation, according to Oregon Judicial Department. The date and time on that notice are the ones to plan around, not a date you have agreed with the other side informally.
Put the date and time in a calendar as soon as the notice arrives. Keep the notice with the invoice file so both are in one place. Check that the calendar entry matches the notice before the day of the session.
Prepare a one-page summary of the invoice before the session. It should list the invoice number, the invoice amount, the due date, the payments received, and the balance you are claiming. Bring that page with the invoice, the payment record, and the written replies so the discussion starts from the same figures.
Plan the trip to the session with extra time to arrive. Name the person who will attend for your business, and bring a record of who can agree to settle the balance so questions can be answered without delay.
If the date conflicts with another commitment, contact the court before the date rather than missing it. If your notice comes from a court in another state, check that state's court page for its appearance requirements.
Step 4: File the agreement
If the parties reach an agreement during mediation in Colorado, the process ends with a filing. The page says to prepare a stipulation using form JDF 75 and file it at the clerk's counter in the courthouse, according to Colorado Judicial Branch. If no agreement is reached, the stipulation step does not apply, and the hearing steps in this guide take over.
Before you file, compare the draft stipulation with the terms stated in mediation. Check the amount, the timing of each payment, and the full names of the parties against your notes. Confirm that every party who must sign has the final version before anyone signs it.
If the agreed terms split the balance across several payments, see the PaidSmith guide to invoice payment schedules. Use the same due dates in the invoice file so the agreement and the invoice match.
Before you go to the counter, ask the clerk's office which copies it needs, and write that answer in the file. Keep a copy of the filed version in the invoice file, next to the mediation notes and the court page you used. The form and counter described here belong to Colorado's process, so confirm the filing method on the court page for your own state before you rely on it.
Step 5: Prepare exhibits and witnesses
Assemble the exhibits as one set before the hearing. A useful core set includes the invoice, any delivery or work records, and the payment history. Add the written messages in which the client agreed to terms or disputed the bill.
Keep a one-page exhibit list that matches the numbers written on the copies. Bring extra copies of the list so the judge and the other side can follow the set without searching through the file.
Before the hearing, write a short statement that names the exhibit supporting each part of the balance you claim. Put the plaintiff's exhibits in the order you will refer to them, so each one can be found by number while you speak.
Note early which witness might be needed and whether that person will attend without a subpoena. If the answer is no, the Colorado page gives a route: if the witness refuses to appear voluntarily, you may ask the judge to issue a subpoena using JDF 254, according to Colorado Judicial Branch. Check whether your own court uses a comparable form before you rely on that route.
To organize the invoice file before the hearing, see the PaidSmith invoice approval checklist.
Next step: Look up your state's small claims page and write down the claim limit, the mediation option, and the forms before you file.
FAQ
Where do I find a mediator in Colorado?
The Colorado Office of Dispute Resolution and private mediators both offer mediation, according to Colorado Judicial Branch. Record which option you picked and why in the file.
What form records a mediation agreement in Colorado?
The Colorado page names form JDF 75 for a stipulation, which is filed at the clerk's counter, according to Colorado Judicial Branch. Check the completed form against your mediation notes before you file it.
What happens if I miss the Multnomah mediation date?
The Oregon page requires parties to appear on the date and time in the Notice of Hearing – Mediation, according to Oregon Judicial Department. If you cannot attend, contact the court before the date.
How do I number exhibits as a plaintiff in Colorado?
As a plaintiff, label your exhibits with numbers starting with 1, according to Colorado Judicial Branch. Use the same numbers on the copies you bring to the hearing and on your exhibit list.