Small Claims & Landlord-Tenant Mediation

Landlord Tenant Cases

Coos County has mediation services for landlord tenant cases. Mediation has proven to be very successful in these types of cases. It can be done in person, by phone, or by video.

Mediation is a procedure that brings you and the other party together to discuss your dispute with a trained neutral person. The mediator can help you brainstorm ways to settle your differences, but lets the parties decide whether to settle the case or to go before the judge for a trial. Mediation offers you a final opportunity to maintain control over the outcome of your dispute before turning it over to the judge. The mediator will keep confidential all the information discussed during mediation and will not be allowed to give testimony at the trial. Mediation is voluntary.

Mediators are court staff who have been specially trained as landlord tenant mediators. They are neutral persons and receive no additional compensation for their mediation services. As neutral parties, they are not your counselors, and they will not give you advice about your case. They are trained simply to help you and the other party explore options for reaching a satisfactory agreement. If you have met the mediator or mediators before, please call that fact to their attention.

If you wish to participate in mediation, let the judge know when your case is called. Each party must have full authority to make and accept offers for settlement. An authorized representative may appear on behalf of a business but must be familiar with the facts of the case and must have authority to settle.

If you reach an agreement during mediation, the mediators will help you write down the terms of the agreement. You will have an opportunity to review and sign the agreement, and copies will be given to each of you. The original will be placed in your court file. Typically, the actual court case will then be dismissed. If the agreement is honored, no judgment will be entered against either party.

If there is an agreement and it is not honored, the landlord may file a Declaration of Non–Compliance. The court will then enter a judgment against the tenant awarding possession of the premises to the landlord. However, if the tenant believes they did everything they were supposed to, or if the tenant believes the landlord prevented them from complying with the agreement, the tenant may request a hearing before the court.

If you DO NOT reach an agreement during mediation, the tenant will need to file an answer with the court by 4:00 p.m. today to have the matter set for trial. If you don’t reach an agreement and the tenant doesn’t file an answer by 4:00 p.m. a default judgment will be entered granting possession of the premises to the landlord.

Currently, Curry County is unable to offer mediation services for landlord tenant matters.

If you have any questions, please call the Landlord Tenant Clerk (541-396-8372 ext. 25005).

Small Claims

Each party must come to the Courthouse on the date designated with full authority to make and accept offers for settlement. If more than one party is listed as defendant or plaintiff, each party is required to appear. A party who does not appear may have a judgment entered against him or her. An authorized representative may appear on behalf of a business but must be familiar with the facts of the case and must have authority to settle. Failure to appear with full authority may affect the prevailing party fee award at trial. Coos County has a program of pre-trial mediation conferences for small claims cases, which has proven to be very successful. Mediation can be done in person, by phone or by video. Mediation is a procedure that brings you and the other party together to discuss your dispute with a trained neutral person. The mediator can help you brainstorm ways to settle your differences, but lets the parties decide whether to settle the case or to go before the judge for a trial. Mediation offers you a final opportunity to maintain control over the outcome of your dispute before turning it over to the judge. The mediator will keep confidential all the information discussed during mediation and will not be allowed to give testimony at the trial. Mediation is voluntary. Mediators are court staff who have been specially trained as small claims mediators. They are neutral persons and receive no additional compensation for their mediation services. As neutral parties, they are not your counselors, and they will not give you advice about your case. They are trained simply to help you and the other party explore options for reaching a satisfactory agreement. If you have met the mediator or mediators before, please call that fact to their attention.

Mediation is available in both Coos and Curry Counties. If you wish to participate in mediation, please contact a mediator at 541-396-8372 ext. 25024 at least 14 days prior to your scheduled court hearing. The mediator will contact the other party, and if they agree to mediate, schedule a mediation appointment. Remote mediation (by phone or video) is available in both Coos and Curry Counties.

If you reach an agreement during mediation, the mediators will help you write down the terms of the agreement. You will have an opportunity to review and sign the agreement, and copies will be given to each of you. The original will be placed in your court file. Typically, the actual court case will then be dismissed. If the agreement is honored, no judgment will be entered against either party, which will keep the parties' credit records from being affected. If there is an agreement and it is not honored, the person who was supposed to receive payment and did not may file a Declaration of Non–Compliance. The court will then enter a money judgment against the party that was supposed to pay and did not. However, if that party believes they did pay everything they were supposed to, or if the party filing the affidavit prevented the other party from paying, the party who owes payment may request a hearing before the court.

YOU MUST APPEAR AT THE DATE AND TIME ON YOUR “NOTICE TO APPEAR", UNLESS A MEDIATED AGREEMENT HAS BEEN FILED WITH THE COURT. FAILURE TO APPEAR AT THE TIME SET WILL CAUSE YOUR CASE TO BE DISMISSED IF YOU ARE THE PLAINTIFF, OR A DEFAULT JUDGMENT TO BE ENTERED AGAINST YOU IF YOU ARE THE DEFENDANT.
When you appear, you will be given another opportunity to mediate. If you do not choose to participate in mediation, your case will proceed to the court for trial. If you choose to participate in mediation and you do not reach an agreement, the trial will be heard by the judge that day, or on another day, as though the mediation had not occurred. We expect that a trial will take no more than one-half hour (with fifteen minutes for each side). If you think you will need more time to put on your case, you need to let the court know as soon as possible so that we can allow more time on the schedule for you.

If you have any questions, please call the Small Claims Clerk at:
- Coos: (541) 396-8372 ext. 25005
- Curry: (541) 373-6894 ext. 27004