Clackamas County Circuit and Justice Courts each have a rule requiring all small claims cases to try mediation before trial. The Circuit Court rule is:
SLR 12.005: Mediation in Small Claims Actions; Failure to Comply with Settlement
- All disputed small claims actions shall go to mediation before going to trial, except for good cause acceptable to the Court.
- The Court may, subsequent to an opportunity for a hearing, enter a judgment against any party not appearing for mediation in the amount of any claim against the non-appearing party, and for the adverse party’s costs and disbursements.
- Agreement reached while in mediation shall be signed by the parties and filed as a stipulated order.
- Failure of either party to abide by the stipulated order will be grounds for the opposing party to file an Affidavit/Declaration of Non-Compliance and obtain a judgment on the original claim