PRESCOTT - Going to mediation at Prescott Justice Court is about to get a little easier if you live in the Prescott Valley and Chino Valley areas.
"Citizens that file small claims court actions up to $2,500 or civil lawsuits between $2,500 and up to $10,000 are required to go to free mediation to see if the two parties can come to a voluntary agreement," said Arthur Markham, Yavapai County presiding justice of the peace.
The county has five justice court precincts - Prescott, Mayer, Seligman, Verde Valley and Bagdad-Yarnell.
"Prescott Justice Court serves citizens from Prescott and Prescott Valley up to Skull Valley and Chino Valley and over to Perkinsville," Markham said. "But they all have to drive to Prescott for mediation hearings."
Markham talked to Chino Valley Municipal Court Judge Kenton Jones about the situation. Jones offered Markham a room for mediation hearings at the Chino Valley Court. This past week, the Chino Valley Town Council approved the agreement.
"Judge Keith Carson (of Prescott Valley Justice Court) said he didn't see any problem finding space for mediation at Prescott Valley," Markham.
Mediations are free to the parties involved in litigation. And, both sides must agree to mediation and agree that decisions are final for the persons involved, Markham explained.
"It is a great tool for a community," he said. "People generally follow through with the agreement and if something does come up later, they are much more likely to talk and work it out without going back to court."
Markham likes mediation. "It works like a charm."
Now that he solved some travel issues for mediations by making it less expensive and time consuming for Chino Valley and Prescott Valley residents, he needs more trained mediators to staff the new locations.
He also solved that problem.
"I convinced the Arizona Attorney General's Office to offer us mediator training for free," Markham said. Members of the public already can enroll in mediator training, but they pay for it, he said.
The free, 40-hour basic mediation training starts Aug. 6 and ends Aug. 12. Graduate mediators in the justice court would work as volunteers and must agree to mediate at least 10 cases, Markham said.
"Once the volunteers get 10 mediations under their belt, they can apply to Superior Court and get paid for mediations," he said. "We are the training ground for their mediators."
Mediators work in pairs with a "seasoned" mediator schooling a new mediator. The goal is to get two sides of an issue to agree on a solution without getting lawyers and going to court, Markham explained.
Each case is unique, and the mediators decide whether to talk to both sides of an issue together, or talk to them separately.
Markham has overseen mediations for more than six years. He believes in its success rate.
"Two out of three mediations result in a successful agreement to settle a case," Markham said. "It's a win-win process."
July 31 is the deadline to apply for mediator training. To reserve a seat in the class, or to learn more about the duties of a mediator, telephone Rolf Eckel at 928-777-3007.
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Posted: Tuesday, July 28, 2009
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