52-2 Mediation Program

Alternative Dispute Resolution
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.

What is Mediation?
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.

What Happens at Mediation
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 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 given to the magistrate or scheduled for a later date if the magistrate is not available.

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.  If you have any questions, please contact the 52/2 District Court Civil Division at 248-625-4994.