Mediation

What is Family Court Mediation?

Family court mediation is an informal method to help people involved in family law cases reach agreements to settle their cases outside of the traditional court process. A neutral “family mediator” works with the family members involved to try and help them reach an agreement.

Family mediation is private and confidential (with very few exceptions). The family mediator will not talk about anything that happens or that is said during family mediation unless you ok it. Family mediation is usually held in an office, not at court, and only the family mediator and the parties in the case are there.

Can parties to a divorce or other family court case be ordered to mediation?

Yes. However, if the parties have a personal protection order or are involved in a child abuse or neglect proceeding, the court must hold a hearing to determine if mediation is appropriate before ordering the parties to attend mediation.

In addition, a party ordered to mediation who feels that mediation is not appropriate may file a motion asking the court to remove the case from mediation. Some of the reasons to remove a case from mediation include domestic abuse, child abuse, inability to negotiate or a belief that mediation would be a danger to a party’s health or safety.

How does family mediation work?

The family mediator meets with family members. Each party is able to tell his or her story so all relevant information is heard by everyone. The mediator works with the parties to help them identify issues in dispute and the parties discuss options to resolving the issues.

The goal of mediation is to reach a workable agreement that is acceptable to all family members involved. As a result, agreements are reached which allow each person to get something positive out of the process.

If an agreement is made, it is put in writing and signed by everyone. This family mediation agreement is a legal document and it can be enforced in court if someone does not do what they promised.

Reaching an agreement is voluntary. If a settlement is not reached through mediation, your case will continue through the court process. Inability to reach an agreement in mediation will not negatively affect your court case and the judge will not know what was said in mediation.

What are the most common types of cases for family mediation?

Dividing property and debts
Child custody, parenting time and support
Spousal support or alimony
Dividing property after someone dies
Adult guardianship
Family business matters
Pre-marital arrangements

Who are the family court mediators?

Family mediators are required to complete specialized training, including training on the dynamics of domestic violence, and to mediate several family matters.

The family mediator does not:

Take sides, act as therapist, decide who is right or wrong, or try to get people to accept the family mediator’s solution.

The family mediator does:

Try to get the family members involved to reach their own solution to the problem.

Does family mediation replace the need for legal advice?

NO. A family mediator does not provide legal advice or representation. In divorce, child custody or post-judgment cases it is recommended that each person consult with their own lawyer, in order to advise them in the process. Family mediation tries to lessen the need for a lawyer’s intensive involvement. However, it is still a good idea to talk to a lawyer during your case and consider having your lawyer present during the family mediation in order to make sure that you understand your legal rights.

What are the benefits of mediation?

As compared to litigation, mediation may:

Be less time consuming. Agreements are generally reached more quickly in family mediation than through the court process.

Be less expensive. Because mediation is generally quicker than litigation and doesn’t require as must attorney time, the costs may be less.

Improve communication. During family mediation, people must talk to each other. Mediation allows each party to express his or her opinions about the issues and solutions in an informal setting.

Lead to fewer court proceedings. When agreements are made, it can help build trust and set a pattern for future conversations and cooperation. It also encourages both parties to keep to the agreement that each made. This lessens or eliminates the need to go to court in the future.

Be more confidential. Your discussions during mediation are confidential and cannot be shared with the court. However, any agreement that you reach is included in the final divorce judgment, which is filed with the court. That means, the actual details of the discussions leading up to any final agreement are private, but the ultimate conclusions that are agreed to are set out in the judgment of divorce, which is a public record.

Provide a fairer outcome for both parties. The objective of family mediation is to make agreements that address everyone’s concerns.

Provide more personal control. Family mediation lets family members decide what is best for their own families and estate and therefore gives you more control over the outcome.

When is mediation not appropriate in a family court case?

Mediation is almost never appropriate where domestic violence is present in the relationship. The victim of the violence may not feel safe attending a mediation session with the abusive party. The abusive party’s desire to control the victim is inconsistent with the goals of mediation. Fear of the abuser may prevent the victim from freely communicating and asserting needs and may expose the victim to continuing violence.

Mediation is also not appropriate when one party uses fear, threats, intimidation or violence to get what they want. It’s not appropriate where one party does not respect the other party’s opinions, or makes the other party afraid to openly express needs and concerns.

There are over 45 domestic violence agencies in Michigan that provide shelter, counseling and safety planning to domestic violence survivors. To locate a local program, contact the National Domestic Violence Hotline at (800) 799-SAFE or (800) 799-7233.

Can family mediation help couples who want to separate but not necessarily divorce?

Yes. Sometimes couples separate, but still have family and financial duties or debts that must be taken care of during the separation. These couples can make agreements in family mediation to cover these issues, until they reconcile or decide to divorce.

Can family mediation be used for couples who are not married or couples who want to make marital agreements before or during the marriage?

Yes. Family mediation provides a neutral place to talk about family concerns and mediation may help parties resolve disputes that come up during a marriage or other living-together relationship.

How much does family mediation cost?

It depends. Family mediators charge for their services and the parties are responsible for paying the mediator. Most family mediators charge hourly fees, but these can be split between the family members involved. Sometimes, family mediation may cost less than hiring an attorney and going to court.

What if parties cannot afford a mediator?

Parties who are ordered to attend mediation by the court and can’t afford it, may petition the court for appointment of a free or low cost mediator. If there are none in the community, the court cannot order mediation.
In addition, many communities have a Dispute Resolution Center, which offers free or low cost mediation services.

How long does mediation take?

It depends, but usually around 60 days. Usually the actual family mediation session lasts a couple of days; on average, it takes 4-8 meetings that last 1-2 hours. Family mediation is still faster than going to court, but it may take many meetings before everyone involved in the case can solve all of their problems.

How do I find a mediator?

Call the Michigan Council for Family and Divorce Mediation at (800) 827-4390, for a referral to a Community Dispute Resolution Center at (800) 873-7658, or in Grand Rapids (616) 682-7000, for a referral. People usually call to make an appointment to talk about their family mediation options. If family mediation is a good option for their case, the family mediator will call the other family members involved to see if they will agree to family mediation. If everyone cannot agree to go to family mediation, you can still go back to court without losing any of your rights.

To locate free or low cost legal assistance:

Visit the Michiganlegalaid.org home page and search for local assistance by entering your zip code in the box marked “Find a lawyer, organization or related service to help you with your problem.” or
Look under "attorneys" in the yellow pages to find your local legal aid office, or
Contact the Michigan State Bar Lawyer Referral Service at (800) 968- 0738.
Persons age 60 or older, regardless of their income, may be able to receive free advice from the Legal Hotline for Michigan Seniors by calling (800) 347-5297.

This document has been prepared by Robert Wright, of the Law firm of Miller, Canfield, Paddock, and Stone, and the Legal Assistance Center (LAC) of Grand Rapids, Michigan, an affiliate of the Grand Rapids Bar Association.