COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : CHECKLIST FOR SMALL CLAIMS COURTJUDICIAL SUBPOENA MEDIATORS Plaintiff(s) I. Introductions -against- : : A. Names - Are first names okay? B. : Mediation - May briefly discuss difference between Mediated Order and Judgment. Defendant(s) : ...................................................... 1. Confidential settlement discussion with neutral third person. 2. Gives parties one last chance to resolve their own dispute without judge. 3. Allows parties to be creative in making a solution to the dispute. THE PEOPLE OF THE STATE OF NEW YORK TO C. GREETINGS: Mediators1. Neutral third person acting as facilitator. WE COMMAND YOU, that all Cannot be called as a witness if no agreement reached. attend before 2. Confidential - business and excuses being laid aside, you and each of you , the Honorable at the Court located lawyer or judge. County of 3. Not acting as aat in room , on the day of , 20 , at o'clock in the noon, and at any recessed orII. adjourned date, to testify and give explanationaof what in this action on the part of the evidence as witness will happen: Process Overview- Brief A. Each party will have an opportunity to state why they are here and what they would like to with this subpoena is punishable as a contempt of court and will make you liable to Your failure to comply see happen. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a B. Each party will result of your failure to comply. have an opportunity to respond to what the other has said. C. We will have Witness, Honorable time for discussion, questions and answers. of the Justices of the , one Court in County, day of , 20 Each party will suggest solutions to the dispute, and we will discuss each suggested solution. E. III. D. (Attorney The parties will agree on a solution to the dispute.must sign above and type name below) Ground Rules Attorney(s) for A. Honest attempt to reach agreement. B. Respect each other and process = no shouting, pounding fists, name calling. C. No interruptions - paper and pens to write down comments while other speaking. Office and P.O. Address IV. Parties Agree To Ground Rules and Sign Agreement to Mediate. Telephone No.: Checklist for Small Claims Mediators - 1 Facsimile No.: E-Mail Address: Mobile Tel. No.: SC4-3 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : V. If Agreement Reached Plaintiff(s) A. Calendar No. : JUDICIAL SUBPOENA Memorandum of Agreement must contain the following information: -against- 1. : Amount of damages. If personal property is involved, the parties : need to agree on a dollar amount for that item of property in case of non-compliance. (Example Defendant will return bike ($150) : to Plaintiff.) Defendant(s) : ...................................................... 2. How the damages will be paid. Hand delivered vs. mailed? Installments? Check vs. Money Order? Check made out to whom? THE PEOPLE OF THE STATE OF NEW YORK 3. TO When the damages will be paid. Installments? Date and time of day? B. GREETINGS: Mediator explains Affidavits of Compliance and Non-Compliance. C. Each party fills out a questionnaire while mediator give Agreement to Clerk to have Judge review and sign. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court If No Agreement Reached located at County ofVI. in room , on the day of , 20 , at o'clock in the noon, and at any recessed Thank parties for their witness in attempt and the out of the or adjourned date,A. testify and give evidence as a good faiththis action on fill part Mediation Status to Report. B. Each party fills out a questionnaire while mediator finds out which Your failure to comply with to take the parties. courtroom this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Checklist for Small Claims Mediators - 2 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: SC4-3 American LegalNet, Inc. www.USCourtForms.com