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Mediation Services
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CMS provides Facilitative Mediation services. Facilitative mediation is a
form of alternative dispute resolution (ADR) in which a neutral mediator
facilitates the negotiation process between disputing parties. The role of the mediator
is to manage the negotiation (mediation) process, using facilitative techniques
and skills to assist disputing parties in reaching a voluntary settlement (agreement).
FACILITATIVE MEDIATORS
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Do:
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Do Not:
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Control the process
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Control the outcome / participants
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Remain neutral
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Show bias or prejudice
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Advocate or "take sides"
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Facilitate voluntary agreement
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Impose settlement / make a decision
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Identify interests
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Evaluate legal issues
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Identify resolution options
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Recommend specific resolutions
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Listen and ask questions
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“Receive testimony” or “cross-examine”
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Maintain confidentiality
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Testify in court on behalf of any participant
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Foster cooperative, interest-based problem solving
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Use adversarial approaches to problem solving
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Participation in mediation can either be voluntary or court-ordered. Facilitative
mediation works best when the parties involved agree to participate in good faith
and believe that a mutually acceptable resolution can be accomplished with assistance
from a neutral third-party. However, facilitative mediation is also extremely effective
when participants are initially skeptical about the potential for resolution. In
fact, 68% (6,847) of all cases mediated by Community Dispute Resolution Programs in Michigan reached
agreement in 2008.
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Mediation is an appropriate dispute resolution option for almost any type of dispute,
including:
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- Consumer / Merchant Disputes
- Professional / Client Disputes
- Auto Accident Property Damage Claims
- Contract Disputes
- Personal Loans / Personal Property Disputes
- Lease Disputes
- Security Deposit
- Payment
- Property Damage
- Evictions / Notice to Quit
- Contract Disputes
- Personal Injury Claims
- Insurance Disputes
- Employment Disputes
- Property (Real and Personal)
- Custody Disputes
- Parenting-Time Disputes
- Divorce
- Parent/Child Issues
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- Guardianship Disputes (Adult & Juvenile)
- Caregiver Matters
- Will, Trusts, and Estates
- Neighborhood Disputes
- Property Line Disputes
- Property Damage / Maintenance
- Noise Complaints
- Vandalism
- Animal/Pet Complaints
- Harassment
- Social/Community Issues
- Zoning
- Special Education Complaints
- IEP Disputes
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Opening a case
- Depending on whether you wish to explore the use of mediation privately, or have
been court ordered to schedule a mediation session, a CMS Intake Specialist will:
a. Explain the mediation process in detail, discuss your
particular circumstances, answer any questions you may have, and help you make a
determination regarding whether mediation is a dispute resolution step that is desirable/appropriate.
(OR)
b. If you are court-ordered, she will explain the mediation
process in detail, confirm the details of you court-order, answer any questions
you may have regarding the Order to Mediation, and explore dates/times of availability
for a meeting
- The CMS Intake Specialist will then contact the other parties involved to discuss
our services, explain the mediation process, explore their willingness to participate
in mediation, and/or schedule a mutually acceptable date, time and location for
a mediation session.
- Our office will then confirm all mediation participants, gather necessary materials
and documents, schedule a mediator, and provide written notice of the mediation
date, time and location to participants.
Mediating a Case
- The mediator(s) will greet all parties and make the necessary introductions to begin
the process.
- In their opening statement, the mediator(s) will explain the mediation process,
their roles as mediator(s), ground rules, confidentiality, and the CMS Mediation
Consent Form
- Each party will have an opportunity to discuss, without interruption, their perspective
on the issues that have brought them to mediation. The mediator(s) will summarize
the information shared to make sure that each party’s perspective is clearly understood.
- The mediator(s) will then work with participants to define and clarify issues of
concern, facilitate the negotiation process, and encourage direct communication
between participants as much as possible.
- The mediator(s) may meet with participants separately at some point during
the process to discuss certain issues privately and confidentially. (Caucus).
- If an agreement is reached, the mediator(s) will work with participants to formalize
the agreement terms (if necessary), and address any other legal/administrative matters
that may be necessary as a result of the agreement.
- If an agreement is not reached, the mediator(s) will explore the need for additional
settlement efforts, address any other legal/administrative matters that may be necessary
as a result of the non-agreement, and conclude the mediation process.
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In most instances, disputing parties have nothing to lose and everything to gain
by attempting to resolve their dispute with the assistance of a trained mediator.
Why should you consider using mediation to attempt to resolve a conflict?
Mediation is…
- EFFECTIVE!
Nationally, an average of 80% of matters submitted to Facilitative Mediation
result in an agreement.
- CONFIDENTIAL!
All discussions and materials relating to your mediation are strictly confidential
and remain private, allowing parties the opportunity to negotiate freely and openly.
- EMPOWERING!
In mediation, the decision making power belongs to YOU! Unlike court,
or other dispute resolution methods, you control the outcome, not someone else.
- CONVENIENT AND QUICK!
Mediation can usually be concluded within 2 weeks of contacting our office. Meetings
are scheduled for a time that is mutually convenient for all participants, and generally
require less than 2 hours to complete.
- AFFORDABLE!
Mediating through CMS is one of the most cost-effective methods of resolving your
dispute. As a non-profit, 501(c)3 organization, CMS is committed to providing affordable
dispute resolution options for disputing parties. The CMS fee structure varies depending
on the type and complexity of the dispute. As part of Michigan’s Community Dispute Resolution Program, CMS will not refuse
service to anyone based upon their inability to pay.
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In Michigan there are two Court-Rules that allow Judges to order litigants to participate
in the mediation process:
MCR 2.411 = Mediation in Civil matters
MCR 3.216 = Mediation in Domestic matters
Increasingly, judges are ordering litigants to participate in mediation as a way
resolving disputes more appropriately, quickly and affordably. Judges know that
the majority of cases get settled or ultimately get dismissed. A judge issues an
Order for Mediation when he/she feels that the issues in dispute can and should
be resolved without the court making the final decision.
If you have been court-ordered to participate in a mediation session, please refer
to your court paperwork for specific information and requirements, and contact our
office.
Court List and Information by County (click your county to link to court information).
Berrien County
Branch County
Cass County
St. Joseph County
Van Buren County
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You do not need to be involved in a court case for mediation to
be an appropriate tool for resolving a conflict. In fact, mediation is almost always
more effective when used prior to filing a court case or taking
other adversarial action. Participating in mediation voluntarily serves to help
preserve relationships and empower participants.
Michigan’s
Community Dispute Resolution Program is intended as an alternative to court
for all types of matters.
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Mediation is an extremely effective option for small claims matters. Many District
Courts within our service area issue a letter recommending the use of Citizens Mediation
Service, when a small claims case is filed.
If you are involved in a small claims case, as either the Plaintiff or Defendant,
CMS can usually help. Just call our office to speak with one of our Mediation Managers,
who will talk with you about your situation. We can usually schedule a mediation
session prior to your small claims hearing. Also, in many instances, we can help
resolve the matter with a few simple telephone calls. Either way, CMS will assist
parties in filling out and submitting the necessary court paperwork when an agreement
is reached.
- Consumer / Merchant Disputes
- Professional / Client Disputes
- Auto Accident Property Damage Claims
- Contract Disputes
- Personal Loans / Personal Property Disputes
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Michigan Special Education Mediation
Program (MSEMP)
Citizens Mediation Service is proud to participate in the MSEMP. The MSEMP helps parents, educators, and service providers
develop productive relationships for resolving issues in early intervention and
special education. MSEMP is a federally funded project of the Michigan Department
of Education, Office of Special Education and Early Intervention Services.
Postal REDRESS Mediation
Program
REDRESS®, which stands for Resolve Employment Disputes, Reach Equitable Solutions
Swiftly, is the Postal Service's alternative dispute resolution mediation program.
REDRESS is recognized as one of the country's leading conflict resolution programs.
The Postal Service has received global recognition from the conflict resolution
community and positive feedback from employees, supervisors, and their representatives
for resolving disputes without the need for litigation.
Michigan Department of Civil Rights (MDCR) Mediation
When MDCR determines
a complaint may be appropriate for mediation, claimant and respondent are offered
the option to mediate. The decision to mediate is completely voluntary and must
be agreed to by both parties. When the parties agree to mediate, the investigation
is postponed to allow reasonable time for mediation to take place. When mediation
results in a settlement or withdrawal of the complaint, no further action is taken
by MDCR. If the complaint is not resolved at mediation, the complaint is investigated
like any other complaint. MDCR Mediation Brochure
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