Mediation: Where the winning solution
is up to you!

What is Mediation?
Mediation is a process in which two or more people
involved in a dispute meet in 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:
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Property damage
-
Neighborhood issues such as shared driveway, noise, or
fence problems
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Problems buying, selling, or repairing something
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Business and contract disputes
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Landlord/tenant disputes
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Family disputes involving siblings, relatives, or parent/child
such as contested wills or curfew agreements
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Anything you would sue somebody for in small claims court
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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 no cost to you.
-
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 ourt.
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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 settlement remains confidential and
cannot be used in a lawsuit.
-
It avoids going to court.
Mediation is not combative of 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.
Mid-Michigan Dispute Resolution
Center
ADMINISTRATIVE OFFICE
116 S. Michigan Avenue
Saginaw, Michigan 48602
PHONE: (517) 797-4188
FAX: (517) 797-4185
1-800-8RESOLVE
E-Mail:
mmdrc2@concentric.net
Normal Business Hours9:00 a.m. - 4:30
p.m. Monday - Friday
The author is a member of
This site was last updated December 1, 1998 by:
David E. McNeill