Nebraska Small Claims Mediation: How It Works and When to Use It

Not every small claims dispute needs a judge's ruling. In Nebraska, mediation offers a way to resolve money disputes through negotiation rather than litigation — and the state has a court-approved mediation system that's been running for over twenty years.

What Mediation Is (and Isn't)

Mediation is a structured negotiation session led by a trained, neutral mediator. Unlike a judge, the mediator doesn't decide who's right or wrong. Instead, they help both parties consider whether they can reach an agreement.

The mediator facilitates conversation, identifies common ground, and helps translate demands into workable solutions. In a pending case referred by a judge, a mediated agreement becomes a binding court order. Before filing, mediation may help the parties resolve the dispute without a court case. If a pending case does not settle in mediation, it continues through the court process.

Mediation is not arbitration. An arbitrator makes a decision that both parties must follow. A mediator helps you make your own decision.

The Office of Dispute Resolution

Nebraska's Office of Dispute Resolution (ODR) coordinates six regional court-approved mediation centers that serve all 93 counties. These centers employ trained mediators who handle small claims disputes regularly.

The ODR website (nebraskajudicial.gov/administration/odr) lists the centers and their service areas. Ask your regional center about its fees, location, and session length.

When Mediation Happens

Mediation can enter your case at two points:

Before filing: You can contact a local mediation center directly and ask the other party to participate. If they agree, you may resolve the dispute without ever filing a court case — saving the $58 filing fee and the time involved.

After filing, on hearing day: The judge can refer your case to mediation at the hearing. This is common when the judge sees that both parties have legitimate positions and a compromise is possible. The hearing pauses while you mediate, and if you reach an agreement, the case closes without a trial ruling.

Any settlement must be accepted by both parties. If the defendant refuses to participate in pre-filing mediation, you can proceed with your small claims case.

When Mediation Makes Sense

Mediation works best when:

• The defendant acknowledges the debt but disputes the amount — a contractor who agrees they owe something but disagrees on how much
• You have an ongoing relationship — a neighbor, a regular vendor, a landlord you still rent from
• Both parties want it resolved quickly — mediation can happen in a single session, while a court hearing requires scheduling, service of process, and preparation
• The evidence is ambiguous — if neither side has an airtight case, a negotiated settlement avoids the risk of losing at trial

Mediation makes less sense when the other party is completely unresponsive (they won't show up to mediate either), when the facts are clear-cut and you're confident in your evidence, or when the defendant has a history of breaking agreements.

What Happens in a Mediation Session

A mediation session begins with the mediator explaining the ground rules, giving both parties a chance to speak, and describing the goal of reaching an acceptable solution.

Each side presents their version of the dispute. The mediator may hold joint sessions (both parties in the room) or separate "caucus" sessions (meeting each party privately to explore flexibility).

If you reach an agreement in a pending case referred by a judge, the mediated agreement becomes a binding court order. A pre-filing settlement does not itself become a court order.

If Mediation Fails

If mediation fails after a judge's referral, the case continues through the court process. The court hearing remains part of the case, so prepare to present your evidence there.

Mediation is one path to resolution. Whether you mediate or go straight to a hearing, the Nebraska Small Claims Filing Guide prepares you for every step of the process.

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