Michigan Motion to Refer Case to Mediation

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Multi-State
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US-02642BG
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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

You should follow these tips about what to avoid saying and doing to improve your chances of a successful mediation. Don't Be Disrespectful. ... Mediation is Not About Placing Blame. ... Don't Demand More Money. ... Don't Introduce Brand New Information. ... Don't Say, ?That's Confidential Information? ... Don't Make Ultimatums.

Is Mediation Mandatory in Michigan? Unlike other states that require that spouses attend mediation before going to trial, there is no such requirement in Michigan. However, a judge may sometimes order that the spouses attempt to resolve their divorce through mediation before they go to court.

The mediation process is simple, but very effective. With a mediator present (which can be online), parties begin by telling each other their side of the story. The mediator helps parties identify the issues that, if addressed to each party's satisfaction, would resolve the dispute.

Mediation is available in most civil cases. Some nonviolent criminal cases, like those involving verbal harassment, can also be resolved through mediation. Claims not involving a clear legal issue are also good candidates for mediation.

A case is usually appropriate for mediation when relationships are strained but must continue. Poor communication is often apparent and a skilled neutral third party is needed to facilitate communication. The intervention of a third party is likely to change the dynamics of the interaction of the disputants.

Keys to a Successful Mediation A Positive State of Mind. The parties should enter the mediation process with the idea that the case can be settled. ... Good Faith. ... Adequate Authority. ... Flexibility. ... Patience. ... Realistic Expectations. ... Preparation. ... Willingness to Listen and Heed.

Mediation is used to resolve disagreements around workplace relationships rather than other disputes, such as pay or issues related to dismissal or conduct. You can use mediation to resolve: bullying and harassment. communication problems.

In conflict management, or any kind of mediation exercise, there are three principle decision models: Capitulation, Compromise, and Collaboration (the 5C version also lists Consensus and Co-existence, but in my experience, both can be achieved through any of the original three options).

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Michigan Motion to Refer Case to Mediation