Fifth Judicial Circuit, Lake County

This document comes from a court after a person (or business), called the “plaintiff,” has filed a case against you in a court. The plaintiff has asked the court to issue a decision on that matter. A hearing date has been set, and on this date, the plaintiff and you and/or both parties’ attorneys if applicable) appear in front of a judge to argue or plead your position to the case. If you do not appear on the date and time appearing in the notice, a default judgment could be entered against you. Click HERE to learn more about this document.

This Order comes from the court where your case has been filed. The judge has ordered you and the other party to attend mediation. Failure to attend mediation may result in either a default judgment or dismissal of the case. MCR. 2.411(D)(3). Click HERE to learn more about this document.

About 99% of cases filed in court are resolved without a trial, and many people go to the courthouse to reach a settlement on the date of a hearing or trial. Online Dispute Resolution (ODR) allows you the flexibility to try to settle your matter on your own time, quickly and easily online, all without going to court.

If your dispute is not pending in court, Online Dispute Resolution (ODR) is a good way to avoid your having to file a case against someone. If someone has filed a case against you, Online Dispute Resolution (ODR) is a good way to reach a settlement so that you don’t have to go to court.

Currently, there is no cost to use Online Dispute Resolution (ODR).

The person starting a case enters some identifying information, just like you do in many other web-based sites. Online Dispute Resolution (ODR) notifies the other party that you are willing to negotiate an outcome, and that person can either directly respond to you or ask a mediator to join the conversation. If your matter is already in court, a mediator will be automatically assigned. While most cases do settle, if you don’t reach an agreement, both parties are free to pursue their other legal options.

The mediator is a trained, experienced neutral third party who will help you and the other party find a solution to your problem. The mediator will not act as an advocate or attorney for either party and will not give any legal advice or decide the outcome of your case.

If you are reading this online, you already have everything you’ll need to resolve your dispute. Online Dispute Resolution (ODR) works just as well on any mobile device that can access the internet. Just go to the site on your device's web browser to access it just like you would on a desktop or laptop computer.

You first need to be logged in to Online Dispute Resolution (ODR) in order to access your conversation space. Once logged in, you will see three tabs. One of them will be labeled Conversations Space. Click on the Conversations Space Tab and it will place you in the conversations space where you can engage with the other party and the mediator(when applicable).

Participants generally find that mediation is more useful when they're prepared and have a plan. Having a plan means that you’ve identified your goals, assessed what the other party’s goals might be, and considered several possible settlement options that might work for you, as well as the other party. And keep in mind that quite often parties may respond to non-economic offers, like offering an apology or empathizing with their circumstance. Thinking through these things in advance will help you and the other participant reach an agreement that works for everyone.

When a party sends you a settlement offer, it’s up to you to decide if you want to accept or reject the offer. If the offer works for you, you can accept it and move on to the next screen.

If the offer doesn't work for you, it’s best to reply with an explanation of why it doesn’t work for you. Just saying "no" doesn't help to come up with something better and will probably end the conversation. You can then make a counter-offer you feel does address your needs. Again, offering some explanation is usually helpful.

It’s always helpful to think through terms that might be important in carrying out your agreement. Here are some terms that you might consider:

• General terms: address “who, what, when, where, and how” considerations.
• Future terms: if you’re interacting with each other in the future, how will you do that?
• Monetary terms: when, how, and to whom payments will be made?
• Future dispute resolution: what will you do if you have another dispute? [Many people agree to return to mediation.]
• Confidentiality: Is this agreement confidential? With whom can you talk about it?
• If there’s a pending court case, who will dismiss the lawsuit or file a consent judgment, and when?
• Any other terms you’ve agreed to.

Signed agreements are considered binding contracts, so you should make sure that you are satisfied with your agreement before signing it. If you do change your mind, however, Fifth Judicial Circuit, Lake County could ask the other party if it would be willing to participate in mediation again to discuss and possibly change the terms of the agreement. It is completely up to the other party to decide if he/she wishes to mediate again.