Rhode Island Small Claims Mediation

After you file a timely Answer in a Rhode Island small claims case where the plaintiff is self-represented, the District Court clerk automatically refers the dispute to mediation. This is not something you request — it happens as part of the process. The mediation is free, confidential, and run by the Center for Mediation and Collaboration of Rhode Island (CMCRI). It is also the best chance many defendants have to resolve the case on terms they can actually live with.

What CMCRI Mediation Is (and Is Not)

CMCRI mediators are trained, neutral facilitators. They are not court employees, they are not judges, and they have no authority to impose a settlement or decide who is right. Their job is to help both sides talk through the dispute and explore whether an agreement is possible.

Sessions can happen in person at the courthouse or remotely via Zoom. The mediation sessions are confidential.

Mediation is free to both parties. The cost is covered by a statutory allocation from small claims filing fees under R.I.G.L. § 10-16-4, supplemented by Supreme Court grant funding.

What Happens During the Session

Both parties describe their side of the dispute. The mediator helps identify areas of agreement and works to narrow the gap between positions. Unlike a trial, mediation allows for creative solutions — payment plans, partial refunds, trade of services, return of goods — that a judge cannot order.

If the parties reach an agreement, the mediator helps draft a written settlement stipulation. A District Court judge or magistrate reviews and signs it, turning the agreement into an enforceable court order.

If mediation fails or either party opts out, CMCRI notifies the clerk, and the case goes back on the docket for a trial hearing.

Settling Outside of Mediation

You can settle with the plaintiff at any time — before mediation, during it, or after. But if you reach a deal informally, paying the plaintiff directly does not close the court case. The lawsuit stays active on the District Court docket until one of two things happens:

1. Both parties sign a Stipulation of Dismissal and file it with the clerk, or
2. A Consent Judgment is drafted and approved by a judicial officer.

Get a written receipt for any payment before signing a dismissal. Without proof of payment, you have no defense if the plaintiff claims the settlement was not honored.

How to Prepare

Before the mediation session, organize your position:

• Know the exact amount in dispute and what outcome you would accept.
• Bring any documents that support your position — contracts, photos, text messages, receipts.
• Think about what a reasonable compromise looks like. Mediation works best when both sides arrive willing to discuss alternatives, not just restate demands.
• Remember that the mediator's goal is agreement, not judgment. You are not being evaluated.

The Rhode Island Small Claims Response Guide includes a mediation preparation framework alongside the full defendant journey from filing through post-decision.

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