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52-1 District Court Mediation Program Description
"Your case has been ordered to mediation on the date specified in the attached Notice of Hearing."
Mediation is an effective method of resolving disputes that provides parties with the opportunity to reach mutually satisfactory agreements in a non-adversarial manner.
The following information provides a description of the 52nd District Court's Mediation Program including a description of the mediation process, a procedural overview, and a summary of your procedural options. Please read it carefully. If you have any questions, please contact the 52nd District Court Civil Division at 248-305-6080.
Please note:
If the plaintiff fails to appear for the mediation, the case may be dismissed.
If the defendant fails to appear, a default judgment may be entered.
Both parties must be prepared to go to Bench Trial immediately following mediation if a settlement is not reached.
The Michigan Court Rules define "mediation" as a process in which a neutral third party (mediator) facilitates communication between parties, assists in identifying issues, and helps to explore solutions to promote a mutually acceptable settlement. Unlike litigation, where one party wins and one loses, mediation helps parties reach their own mutually satisfactory resolution in a non-adversarial manner.
The decision-making process belongs to you - You decide how to best resolve your dispute; unlike going to court, no one judges your problem and tells you what to do.
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 and someone loses.
It is 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. Mediation also reduces the likelihood that the problem will occur again.
The 52nd District Court has a referral agreement with the Oakland Mediation Center to conduct mediations. There is no charge to the parties for mediations conducted by the Center. The Oakland Mediation Center is a Community Dispute Resolution Program funded in part by the State of Michigan.
All mediators used by the Center meet or exceed the qualifications required under the Michigan Court Rules. Small claims mediators have completed a 40-hour training program and a 10-hour internship. General civil mediators have completed a training program approved by the State Court Administrative Office and either are attorneys or have a graduate degree in conflict resolution or have 40 hours of mediation experience over a two year period.
Parties have the option of selecting their own mediator. However: (a) both parties must agree to the same mediator; (b) the Court will not pay for a mediator selected by the parties, so both parties must agree to pay any and all fees requested by the mediator; (c) the case must be mediated on or before the date set by the Court for mediation, and (d) the Court must be notified, in writing, prior to the scheduled mediation date of the name of the mutually agreed upon mediator and the date of the mediation. The Oakland County Circuit Court roster of mediators will be available and may be used by parties to select their own mediator.
Parties may request that mediation be waived for good cause by making a written request prior to the scheduled date of mediation. Some examples of good cause include if the parties have already tried mediation, there is an outstanding personal protection order involving the parties, or there are or have been issues of domestic violence between the parties.
On the date scheduled for hearing, the mediator will review the case with you. Both sides will have an opportunity to discuss their views about the case. The mediator will assist in negotiations to find a solution that satisfies the needs of all parties. Mediators may speak with each party privately to explore alternatives, if it is reasonable or necessary.
Mediations are confidential and mediators can neither be called as witnesses nor have their records subpoenaed if the case is not resolved at mediation.
If the parties agree to a settlement, the mediator will write the terms of the settlement on a judgment form and ask both sides to sign. Later, the judge or magistrate will review the judgment and sign it, thereby making the agreement binding upon both parties.
If both sides do not agree to a settlement, the case will be tried before a magistrate the day of mediation if, scheduling allows.
