Nevada Small Claims Mediation — Mandatory vs. Voluntary by Court
Whether you'll go through mediation before your Nevada small claims hearing depends entirely on which court your case is in. Some courts require it. Others offer it as an option. Either way, understanding how mediation works gives you a real chance to resolve the case without a judge deciding for you.
Which Courts Require Mediation
Sparks Justice Court — mediation is mandatory. Your initial court setting is a mediation session, not a trial. Both parties must attend. If the case doesn't settle, the court schedules a separate trial date. You must file your counterclaim and submit your exhibit packet at least 7 days before mediation.
Henderson Justice Court — mandatory same-day mediation at the courthouse. If mediation fails, the case goes directly to trial before a judge that same day. There's no separate mediation date — it all happens in one visit.
Las Vegas Justice Court — mediation is voluntary through the Neighborhood Justice Center (NJC). Mediators are available on trial day or by pre-trial referral. Both parties have to agree to mediate. If either side declines, the case goes straight to the judge.
Reno Justice Court — follows Washoe County procedures, with mediation resources available through the court's self-help center.
What Mediation Actually Looks Like
A mediator is a trained neutral — not a judge. They don't decide who's right or wrong. Their job is to help both parties reach an agreement.
The session typically starts with each side explaining their position. The mediator may meet with each party separately (called a caucus) to explore options. If both sides agree on a resolution, the terms get written up as a formal stipulation.
The mediator can't force you to agree to anything. If you and the plaintiff can't find common ground, the case moves to trial.
If You Reach a Settlement
Any agreement reached in mediation must be put in writing as a Stipulation and Order After Mediation or a Stipulation for Payment Agreement. The signed document goes to the judge, who signs it and enters it as a court order.
If the plaintiff is paid in full immediately, they file a Notice of Voluntary Dismissal and the case closes. For payment plans, the stipulation usually includes a clause letting the court enter a default judgment if you miss payments — so only agree to terms you can actually meet.
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If Mediation Fails
In Sparks, the court schedules a new date for trial. In Henderson, trial happens that same day. In Las Vegas, the case was already set for trial, so the judge hears it as scheduled.
Either way, nothing you said in mediation can be used against you at trial. Mediation is confidential.
Should You Try to Settle Before Mediation?
Nothing stops you from contacting the plaintiff directly to negotiate before the mediation date. If you reach an agreement, draft a stipulated judgment and file it with the court. This saves both parties the trip to the courthouse.
But be careful: paying the plaintiff without filing formal paperwork doesn't close the case. If no dismissal is filed, you could still face a default judgment for not appearing at the hearing.
The Nevada Small Claims Response Guide walks through mediation preparation, settlement paperwork, and what to do if mediation doesn't resolve your case.
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