The judge may refer your matter to mediation. If this happens, you and the other party will meet with an available mediator, who will explain that mediation is both voluntary and confidential, and does not jeopardize either party’s ability to have a hearing - at any point either of you can say mediation is not working and you would like to request a hearing. In that case both parties must return to the courtroom and wait until the judge is ready to hear the case.

The mediator does not make judgments and typically does not even look at the parties’ evidence. Rather, the mediation process focuses on what the parties can agree to do to make life peaceful in the future. The goal of mediation is to reach an agreement, which can include a restraining order. The mediated agreement is an enforceable stipulated judgement (An agreement between attorneys that concerns business before a court and is designed to simplify or shorten litigation and save costs.); the civil harassment restraining order case is dismissed. If either party violates the terms of the stipulated judgment, the other party can refile the civil harassment restraining order case.

The benefit of mediation in a civil harassment restraining order case is that the person who wanted the restraining order can walk away from court that day with some sort of resolution in place, as opposed to often walking away with nothing. Because the court can only grant or deny a request for a civil harassment restraining order; because of the high “clear and convincing” standard of proof, the Court grants few civil harassment restraining orders. Also, because the mediated agreement can be tailored to meet both parties’ needs, there is a higher likelihood of follow through on both sides.