Oklahoma Small Claims Mediation: Free or Low-Cost Settlement Before Court

Before your small claims hearing, there is another option: mediation. Oklahoma runs a statewide Early Settlement Mediation program with certified volunteer mediators available across all 77 counties, often at no cost to either party.

How Early Settlement Mediation Works

The program is governed by the Oklahoma Dispute Resolution Act (12 O.S. § 1801 et seq.) and supervised by the Supreme Court Administrative Office of the Courts. Regional mediation centers operate across the state, with the Tulsa center at 2315 Charles Page Boulevard being one of the most active.

Here is the process:

1. Either party can request mediation — you can do it before filing your small claims case (voluntary pre-filing mediation) or after filing, when the judge may refer you
2. A certified mediator is assigned — they are trained volunteers, not judges, and they do not decide who wins
3. Both parties meet in a structured conversation where the mediator helps you work toward a settlement
4. If you reach an agreement, it is put in writing, signed by both parties, and filed with the Court Clerk as a binding stipulation
5. If mediation fails, your case continues to the hearing as scheduled

Sessions typically run one to two hours. The mediator's job is to help both sides find a resolution, not to take sides or judge the merits of your claim.

Why Consider Mediation

Cost: Most Early Settlement Mediation sessions are free or charge a nominal fee. Compare that to the filing fee ($45 to $58 for claims up to $5,000) plus service costs and a day off work for the hearing.

Speed: Mediation sessions can be scheduled faster than a court hearing. If your hearing date is six weeks out, mediation might resolve the dispute in two.

Control: In court, the judge decides. In mediation, you negotiate the terms. You might agree to a payment plan, a partial refund, or work completion — outcomes a judge cannot order on the small claims docket.

Confidentiality: Under 12 O.S. § 1805, everything said in mediation is strictly confidential and cannot be used as evidence in court. If mediation fails and your case goes to the hearing, nothing you said or offered during mediation can be brought up.

The Critical Limitation: Statute of Limitations

Under 12 O.S. § 1806, the statute of limitations is tolled during mediation from the date the parties agree in writing to participate until the mediator officially terminates mediation. If your deadline is approaching, keep the written agreement and termination record, and confirm how the rule applies to your case.

When Mediation Usually Works

Mediation tends to succeed when:

• Both parties are reasonable but cannot agree on the amount
• There is an ongoing relationship (landlord-tenant, neighbors, business partners) worth preserving
• The defendant acknowledges owing something but disputes how much
• Both sides want to avoid the time and stress of a hearing

It tends to fail when:

• The defendant refuses to participate — mediation is voluntary
• One party is acting in bad faith or has no intention of paying
• The facts are so disputed that a judge needs to weigh the evidence

How to Request Mediation

Before filing: Contact your county's Early Settlement Mediation center directly. The Tulsa program is at 2315 Charles Page Boulevard; for other counties, the Administrative Office of the Courts maintains a directory of regional centers.

After filing: Ask the judge at the initial docket call, or file a written request with the Court Clerk. Some judges in Tulsa County routinely refer small claims cases to mediation as part of the process.

If mediation does not resolve your dispute, the Oklahoma small claims filing guide walks through every step from filing through the hearing, including evidence preparation and what to expect in the courtroom.

See more Oklahoma guides →