Mediation is a form of Alternative Dispute Resolution (ADR). In mediation, the parties and (optionally) their attorneys, meet with a trained neutral mediator. The purpose of mediation is to reach an agreement on all of the issues in a case. Mediation is confidential, so it allows for discussion of possible alternative solutions in a private setting. A mediator can help the parties to explore possible creative solutions that are more detailed and customized to the needs and priorities of the parties than what would be addressed in a court decision. If the agreement is submitted to the court, the court will likely include the terms in an Order that can be enforced, unless there is a legal reason why the terms cannot be enforced. Circuit Court Administration serves as ADR Clerk and maintains lists of court approved mediators.
Mediation Quick Facts
- Parties can agree to select their own mediator and attend mediation on their own. They can do this at any time, including before filing the case. The parties will pay the expense of mediation.
- The court maintains lists of court approved mediators. There is one list for Civil Mediators and a separate list for Domestic Mediators (divorce, custody, support, etc.). All mediators on the court approved list must meet qualifications set forth in Michigan Court Rule 2.411 for Civil Mediators and Michigan Court Rule 3.216 for Domestic Relations Mediators.
- Parties can decide to use a mediator who is not on the court approved list, but if parties cannot agree on a mediator, the court must appoint a mediator from the court approved list.
- A mediator who is interested in joining the court approved Civil Mediator list can complete the Civil Mediator Application or Domestic Relations Mediator list can complete this Domestic Relations Mediator Application and submit to Circuit Court Administration.
- Court approved mediators must provide the court with proof that they have participated in advanced mediation training every two years. To submit this proof, or ask any questions about the list, e-mail Court Administration.