IS CONCILIATION COURT RIGHT FOR YOU?
2006
WHAT IS CONCILIATION COURT?
Conciliation court is an attempt to provide a forum for resolving disputes without the expense and consumption of time required for traditional litigation. In most counties in Minnesota, an actual district court judge presides over the dispute. In a few of the larger counties, the court appoints suitable persons to act as referees in conciliation court.
WHEN IS CONCILIATION COURT AN OPTION?
Conciliation court has jurisdiction to hear, conciliate, try and determine most civil cases involving amounts in controversy of $7,500 or less. Conciliation courts also have the powers to determine actions brought for the recovery of security deposits on rental property and for the recovery of amounts of dishonored checks. Jurisdiction is limited to disputes of $4,000 or less when a consumer credit transaction is at issue. Conciliation courts generally do not have jurisdiction over cases involving title or boundary disputes to real estate, medical malpractice, claims of defamation, and where relief other than money is sought.
WHY USE CONCILIATION COURT?
As noted earlier, a matter resolved in conciliation court will involve less time and expense than cases brought in district court. Filing fees for conciliation court matters are $60.00. In district court, filing fees start at $250.00, depending on the county and type of case. Your case is likely get on the court's docket more quickly as a conciliation court matter than as a district court matter.
Often times the individual you are suing will not show up for court and you may obtain a default judgment. Accordingly, it would have been a waste of time and expense to sue in district court.
Most of all, conciliation court gives you an opportunity to tell a neutral and detached judge or referee your side of the dispute and a binding decision is rendered.
On the other hand, the decision rendered in a conciliation court proceeding can be appealed. If it is appealed, it is heard by a district court and more traditional litigation takes place. The case will be heard de novo, meaning it will be tried all over again. In most cases, it is wise to obtain an attorney if the decision is appealed.
DO I NEED A LAWYER?
In many conciliation court matters, attorneys are not needed. However, it is wise to meet with an attorney to determine whether your claim has merit, the value of your claim, and whether conciliation court is an option. Contact us to discuss your options.