Rule 12.165 - Small Claims Mediation Procedures(1) The small claims clerk shall assign cases to a mediator. Each party shall come to mediation with full authority to make and accept offers for settlement.(2) All parties shall appear for mediation. A party not appearing for mediation may have a judgment entered against him or her subsequent to an opportunity for a hearing. An authorized representative may appear on behalf of a business but must be familiar with the facts of the case and have full authority to settle. Unless a party to the case, an attorney shall not attend small claims mediation.(3) If mediation is not successful, a trial will be set by the court on a future date. If mediation is successful, the agreement will be forwarded to a judge for approval.(4) If the agreement does not constitute a judgment, the signed agreement shall be entered in the case as a stipulated order and the case will be dismissed. If one party fails to comply with the terms of the agreement, the other party may file an affidavit of non-compliance and request to reinstate the case which, if approved by a judge will convert the stipulated order into a judgment for the original claim. The creditor's filing fees, service costs, and a prevailing party fee will be added.Lincoln Supp. L. R. 12.165
Amended effective 2/1/2024.