The Community Dispute Resolution Program
Resolving Disputes Without Going to Court
WHAT IS MEDIATION?
Mediation is a process in which two or more people involved in a dispute meet in a
private, confidential setting and with the help of a neutral person (a mediator), work out
a solution to their problem.
A mediator is not a judge; he or she does not decide who is right or wrong. A mediator does not force anybody to reach an agreement they aren't comfortable with or to accept any particular settlement terms.
When you call a mediation center, you will speak with a worker who will take down some basic information and answer any questions you have about mediation. The center then contacts the other party to see if they would like to try mediation. If both parties agree, a mediation session is quickly scheduled.
During the mediation session, each party describes the dispute from their point of view. Then they explain how they think the matter can be resolved. The mediators help the parties focus on the real issues causing the problem, and then help find a workable solution which resolves the problem. When the parties agree on one solution, the agreement is put in writing.
Because mediators do not offer legal advice, you should know your legal rights before attending a mediation session. Of course, you are free to consult with or to obtain the services of an attorney to assist you * Attorneys can attend mediation sessions, too.
WHAT KINDS OF PROBLEMS CAN
BE WORKED OUT THROUGH MEDIATION?
Many types of disputes can be resolved through
mediation. Here are just a few examples:
• property damage
• neighborhood issues such as shared driveway, noise, or fence problems
• problems buying, selling or repairing something
• business and contract disputes
• landlord/tenant disputes
• family disputes involving siblings, relatives or parent/child such as contested wills or curfew agreements
• anything you would sue somebody for in small claims court
• and many other types of disputes as long as both sides agree to try
mediation
WHY TRY MEDIATION?
The decision-making process
belongs to you. You decide how to best resolve your dispute; unlike court,
no one judges your problem and tells you what to do. You get to reach an agreement that
you can live with.
It works. Thousands of cases have been successfully mediated to
all parties' satisfaction. Mediation is a "win/win" rather than a "win/
lose" solution. In court, someone wins, someone loses. The goal of mediation is to
have all parties arrive at a mutually satisfactory agreement.
It's affordable. The service is provided at low or no cost.
It's quick. When parties agree to try mediation, most disputes
can be resolved within two weeks! A typical mediation session lasts less than two hours.
It's effective. About 80% of all mediations end in agreement. In
fact, the likelihood of settling a dispute to both parties' satisfaction through mediation
is much higher than in small claims court.
It's convenient. You can mediate on weekdays, Saturdays and
evenings to accommodate your schedule.
It's private. Everything said or used for purposes of reaching a
settlement remains confidential and cannot be used in a lawsuit.
It avoids going to court. Mediation is not combative or
adversarial like court can be; it helps protect and enhance relationships between people
by providing a comfortable and safe setting for discussion.
Mediation can help reduce the likelihood that the problem will
occur again. In fact, you can even agree that if a problem occurs again, everyone will go
back to mediation.
CAN I TRY MEDIATION IF I HAVE
ALREADY FILED A CASE IN COURT?
Yes! Many judges throughout the state strongly
encourage parties to try to resolve problems on their own. If you resolve the problem
before your court date, you do not have to have a hearing or trial in court, although you
may have to file a form indicating that you have resolved the case. In many cases,
mediation may save your having to take time off from work to go to court, and helps you
avoid the confrontational court setting where parties present evidence against each other.
You also avoid the possibility of entirely losing your case. If you try mediation but do
not come to an agreement, you can still go to court.
ADDITIONAL SERVICES AVAILABLE
Many centers offer conflict resolution workshops, mediator training, student peer
mediation training, resolution of disputes between victims and offenders in criminal
cases, and resolution of claims arising under the Americans with Disabilities Act. Centers
may also be able to design conflict management training for local businesses and
government to help prevent litigation over disputes which naturally occur in the
workplace. Centers also act as clearinghouses for conflict resolution resources. Because
services may vary from center to center, please feel free to contact your local center to
see what services are available.
The legislature created the Community Dispute Resolution Program in 1988 to offer Michigan
citizens an alternative to suing people over many disputes that naturally occur in our
society. In short, the legislature determined that in many cases, the people having a
dispute are in a better position than judges to resolve their own problems. The many
thousands of cases successfully mediated so far demonstrate that in many instances,
mediation is a good alternative to filing
a lawsuit.
To reach the Community Dispute
Resolution Center nearest you, call:
1-800-8-RESOLVE
(1-800-873-7658)
In the Jackson Area call
SOUTHEASTERN DISPUTE RESOLUTION SERVICES
Serving Jackson, Hillsdale, Lenawee
& Monroe Counties
1214 Greenwood Ave., Jackson, Ml 49201
(517)784-4800, ext. 2276