Mediation

Mediation is a process in which a neutral third party assists communication between parties. In addition, the mediator will assist in identifying issues, and help explore solutions to find a settlement that both parties are satisfied with. Furthermore, a mediator is not a judge. The parties voluntarily enter into a settlement.

In the traditional court process, the judge or jury rules on the outcome of the case. Mediation allows the parties involved to determine a solution that will provide an agreement that is satisfactory to everyone. Mediation can be scheduled quickly and can be less expensive than a trial. The mediation process is confidential, unlike court proceedings, which are public. Also, parties using mediation do not give up any of their legal rights and can always choose to continue with a regular trial.

All cases receive information regarding mediation after the case is filed. If the parties agree to try mediation, an order may be entered by the judge to begin the mediation process. The parties have 14 days from the day the order is entered to agree on a mediator and between 30-60 days to complete mediation. The duration granted for mediation is up to the judge's discretion. If a party needs more time, they can contact the judge to request an extension. The mediator will contact the parties to schedule mediation in accordance with the court.

Also, the mediator will review the need for limited discovery, the number of parties and issues involved, and the need for multiple mediation sessions in scheduling mediation. In addition, the mediator may require that the parties submit documents or summaries providing information about the case.

Yes, the mediator sets an hourly fee. Payment arrangements are made between the parties and the mediator.

Parties are encouraged to agree to the selection of their own mediator. Oakland County Circuit Court maintains a roster of approved mediators to help in the selection process; however, parties are free to choose whomever they agree on to mediate their case. If the parties do not agree on the selection of a mediator in the time given by the court, the court will appoint an approved mediator using the Blind Draw method.

The parties and the mediator choose the meeting place, as well as the dates and times of the meeting.

The mediator will explain the mediation process, discuss any facts and issues involved with the parties, and establish some ground rules. A mediation session will continue until:

1. a settlement is reached;
2. the mediator determines that a settlement is not likely to be reached;
3. the end of the first mediation session;
4. a time agreed on by the parties.

Within 14 days after mediation, the mediator will submit a Mediation Status Report to the court. If the matter is settled through mediation, the attorneys will prepare and submit the proper paperwork to end the case within 21 days of the settlement. However, if the matter could not be settled, the parties will follow the court dates set by the scheduling order or subsequent orders.

Approved mediators must complete an extensive training program approved by the State Court Administrator, as well as observe and conduct mediation sessions. In addition, mediators have to fulfill a continuing education requirement (see below) to remain on a court's list of approved mediators.

Yes, approved mediators are required to obtain 8 hours of advanced Mediation training during each 2 year period.

Yes, mediators are to promote honesty, integrity, and impartiality, factors emphasized during the education and training process. A mediator may be disqualified for the same reasons a judge may be disqualified.