ABSTRACT

This chapter highlights important differences between judicial mediations of large money damage cases which rely upon legal knowledge, skill and experience in settlement work and a small claims mediation which involves efforts to produce movement independently of any legal issues. It analyzes two brief examples of actual mediations: a small claims mediation and a large money damage mediation. The chapter explores some key features and activities of money damage mediation and also to point to some significant differences between the work tasks and practices of the two mediators in the examples. It considers some core similarities and differences between the activities and work practices of a small claims mediator and judicial mediator. As occurred in the small claims defective couch mediation, this large money damage mediation also begins with an initial joint session in which all the disputants meet together face-to-face with the judge-mediator.