Can I settle my small claims court dispute without going to trial?
Yes, you can settle your small claims court dispute without going to trial in Virginia. The court encourages parties to settle their dispute without going to trial. This is done by Mediation or Arbitration. Mediation is a process where a neutral third party helps both sides work together to negotiate a resolution of the case. This can be done with or without attorneys present. Arbitration is a process similar to a trial but is less formal. An arbitrator, who is an experienced lawyer, hears both sides of the dispute and makes a binding decision. If both parties agree to settle the dispute using either of these methods, they can meet with the court clerk. The court clerk will provide them with forms to sign and the court will enter a judgment for the amount agreed upon in the settlement. This will be binding and enforceable, so it is important to be sure of the agreement before signing. If both sides cannot reach an agreement, the court will schedule a trial date. At the trial, both sides will present their evidence and the court will decide the outcome of the case. It is usually best to try to settle the case outside of trial as it can be time-consuming and costly.
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