- What is Mediation?
- Why use Mediation?
- Why use the Dispute Resolution Center (DRC)?
- Does it work?
- How long does a Mediation last?
- How much does it cost?
- How soon can we schedule a Mediation?
- Who are the Mediators?
- What if I know one of the Mediators?
- Who comes to the Mediation?
- What if someone refuses to Mediate?
- May I bring a friend? family? advisors?
- Should I bring my lawyer?
- Is the Mediator's decision final?
- Will there be a written agreement?
- Are these agreements binding?
- Do I still have to go to court?
- What happens if we don't mediate or don't reach an agreement?
Mediation is a
voluntary, confidential process to help disputing parties resolve conflict
and reach win/win solutions
- Design your own agreements instead of a judge or arbitrator deciding for you.
- Mediation is confidential, not part of the public record, unlike court proceedings
- Resolve present issues and how you can avoid similar problems in the future
- Improves relationships by allowing disputing parties to find solutions
- Timely: Mediation usually takes less time than litigation
- Cost effective: Mediation
is generally less expensive than litigation
WHY USE THE DISPUTE RESOLUTION CENTER (DRC)?
- Easy and Convenient: The DRC sets up the appointment, contacts the disputing parties, and provides a neutral location
- Affordable: The DRC offers low-cost mediation services
- Professional: Volunteer mediators are trained under the standards of the State Court Administrative Office
- Timely: Mediations are
scheduled quickly and do not delay or preclude the court process if parties
do not reach an agreement
In almost 600 cases mediated in 2007 by the DRC more than
75% reached agreements satisfactory to the disputing parties
HOW LONG DOES A MEDIATION LAST?
- 2-3 hours for most mediations
- 2-3 1/2 day sessions for Divorce/Separation or
Probate
Mediation at the DRC is affordable for all members of the community
HOW SOON CAN WE SCHEDULE A MEDIATION?
Usually within 2 weeks. Contact
Us
Mediators for the DRC are highly trained, neutral 3rd
party professionals from all walks of life: teachers, attorneys social
workers, community members
For more on mediators
WHAT IF I KNOW ONE OF THE MEDIATORS?
Mediation can be held only if all parties to the dispute
as well as the mediator agree that the mediator will be impartial and the
mediation can proceed. Otherwise the DRC will reschedule the mediation with
another mediator.
Everyone involved in the dispute who has the knowledge,
ability and authority to make decisions and come to an agreement must be
present
WHAT IF SOMEONE REFUSES TO MEDIATE?
Mediation is voluntary and only disputing parties willing
to try mediation will find the process effective. All parties must agree to
the mediation and will be asked to sign an agreement to mediate. If the
mediation is court ordered, all parties must attend and stay until the end
of the first session.
MAY I BRING A FRIEND? FAMILY? ADVISORS?
Mediation is an opportunity for parties to settle their
own disputes. Professional advisors such as financial consultants or lawyers
are welcome or can be available during the mediation by phone. Only those
people necessary to ensure an agreement may be present in the mediation
room, unless everyone agrees to an additional person’s presence. Friends,
family, and other support people may be available in a waiting room or by
phone at any time.
Attorneys may be present during a mediation or available
by phone. Attorneys may also be consulted at the end of a mediation and
before an agreement is signed. In a divorce mediation all agreements must be
reviewed by an attorney before being signed.
IS THE MEDIATOR’S DECISION FINAL?
Mediators don’t make decisions. Mediators are
facilitators who help you make your own decisions and agreements. They do
not voice their own opinions, suggestions or offer solutions.
WILL THERE BE A WRITTEN AGREEMENT?
Yes. The goal of mediation is to enable people to reach
mutually acceptable solutions, put details in writing, and have all parties
to the dispute sign the agreement.
Signed mediation agreements are similar to written
contracts, in most cases, and have usually been upheld by the courts in
Michigan. Divorce agreements must be submitted to the court before they are
considered binding.
DO I STILL HAVE TO GO TO COURT?
It depends on the type of case.
WHAT HAPPENS IF WE DON’T MEDIATE OR DON’T REACH AN AGREEMENT?
All other forms of dispute resolution, including
litigation, still remain available to the disputing parties. All notes from
the mediation will be torn up and it will be as though no mediation ever
happened.
TO SCHEDULE A MEDIATION
OR
FOR MORE INFORMATION
