WhAT IS MEDIATION ABOUT?
Mediation is about empowering yourselves, through facilitated discussion, to resolve all issues attendant to your divorce or custody case in a relaxed atmosphere. Virtually all domestic relations cases are assigned to mediation at some time during the process if the parties have been unable to achieve agreement themselves. If you have counsel, he or she will have brought you this far and, most often, will have all necessary information to conclude your divorce/custody proceeding in a manner that is fair given the facts of the case, and consistent with the law as it has developed over the past couple hundred years. Every case is unique, yet there are principles and law that will guide the discussion—the wheel is not re-invented with every case.
It is important to remember that mediators are not judges and have no power to make anyone do anything. However, each of us has decades of experience in domestic relations matters and resolving cases. Each of us bring all that we have learned to every mediation case we facilitate in order to guide the parties to make reasonable decisions for themselves, their children and their futures. We want you to control your own destiny. The mediation process is designed to give you that power, and at the same time, put an end to the emotional and financial toll the divorce/custody process entails.
What If my case is too complicated for mediation?
There is no such thing.
HOW LONG DOES MEDIATION TAKE?
This depends. We want people to feel free to express themselves and let us know what they think is important. You will be scheduled for a four-hour block of time. Most cases resolve within that timeframe, although sometimes it is necessary to schedule an additional session.
Ultimately, the goal is to arrive at an equitable result for everyone. And usually by the time the case is mediated, we have all information necessary to get there. You should come here with a mind open to solutions and a desire to use the time to stop the emotional and financial toll that the divorce process/custody issues can exact. Most people are ready to be done, and by the time you leave here, it is our goal that you will be.
will I be in the same room as my spouse/the other parent?
As a general rule, no. You and your lawyer will be in one room and your spouse/other parent in another room. The mediator will go back and forth between the two rooms. We find—and most lawyers agree—that this arrangement promotes free expression. That said, sometimes in our discretion and with both parties’ approval, we may find it beneficial for the parties to meet face-to-face to break a log jam. Sometimes the lawyers will be present. Sometimes they won’t be. We will never require a face-to-face meeting if either party is reluctant to do so.
How SHOULD I dress?
Comfortably. We strive to make your mediation experience relaxed. Dress that way. We do.
HOW DOES MEDIATION END?
Usually, with a signed mediation settlement agreement that resolves all issues and provides a roadmap for addressing issues that need dusting up. That is the goal. After that, counsel will prepare a Judgment which will incorporate the terms of the settlement agreement and present it to the court for approval and entry. “Entry” means the Judgment is signed by the Judge and the case is officially completed. Judges typically do not get in the way of agreements achieved by the parties.
If the parties are unable to come to agreement, they may take a breather to reflect upon all that mediation entailed, and may choose to return to mediation. Sometimes, significant progress is made, but we find ourselves time-limited and unable to nail down the final details, or mediation fatigue sets in. Merely because the case is not resolved in a single mediation session—and it is our goal that it will be—doesn’t mean that meaningful discussions are over. Prior to mediation, counsel may have exchanged proposals designed to lead to resolution. These pre-mediation discussions, if they do not resolve the case, at a minimum identify areas of disagreement. Mediation, thus, is usually the first focused discussion regarding resolution of the entirety of the case and loosens the jar lid, if nothing else. There’s a lot to think and talk about, and if we have been unable to wrap it up, that conversation will hopefully continue between the parties and counsel or an additional mediation session.
If at any time it becomes apparent that the parties will not be able to resolve the case without further judicial intervention, that’s how the case will proceed, with motions, hearings, briefs and, ultimately a trial, with all the expense and emotional energy that will entail. Statistically, only about 1% of all cases are resolved by trial, which means that 99% of them are resolved without the necessity and expense of trial.
Is mediation confidential?
Yes. There are two levels of confidential information. First, what goes on in mediation, stays in mediation. If the case is successfully resolved, we will notify the court that the parties have settled their case. If the case is not resolved, we will notify the court that the parties participated in mediation but were unable to achieve resolution. Or, if a party refuses to participate in mediation, it is our duty to so inform the court. That’s all. In other words, we do not communicate with, nor report, to the court about anything that was said or done in mediation. Second, there are some things that people reveal to the mediator that they prefer not be shared in the other room. We will honor all such confidences absolutely.
Can I bring Other people to mediation?
While we don’t have a particular problem with this, we tend to think that you should rely on your counsel’s support and advice. We understand that having somebody else there for support may provide a sense of security and if that makes you more comfortable, we are okay with it. However, court rules governing mediation require that prior approval be obtained from the mediator after notice to the opposing side. It will always be within our discretion whether or not to allow such a person to remain in the mediation room with you.
We do not permit minor children to attend mediation sessions. If “significant other” relationships have developed, we ask that they not attend. In an arbitration proceeding, any witnesses who may be called will be permitted to remain in the session only so long as they are needed for testimony.
What is your CANCELLATION policy?
We do not charge a cancellation fee if mediation is cancelled. Any deposit will be fully, though not necessarily cheerfully, refunded.
ARE Mediation and arbitration different?
Yes. The end goal of mediation is for the parties to reach agreement themselves. Arbitration, on the other hand, allows you to essentially choose your own judge to decide any and all issues to which the parties are unable to agree. While a court can order the parties to participate in mediation, submitting the matter to arbitration can only be done upon agreement of the parties.
Arbitration is generally more cost efficient than courtroom proceedings. You will have the arbitrator’s full attention for the time allotted and it is easier to schedule sufficient blocks of time to get the case done. The rules of evidence and manner of eliciting testimony are more relaxed, the proceedings are private and at the end of it all, the Arbitrator will make a decision which, with few exceptions, will be confirmed by the judge assigned to your case.
What if I do not agree with everything the Arbitrator decides?
Appeal rights are limited once parties choose arbitration. An arbitrator’s award may only be vacated by the circuit court as to property, spousal support, debt division, attorney fees and the like if the award was; a) procured by fraud, corruption or other undue means; b) there was evident partiality or misconduct by the arbitrator; c ) the arbitrator exceeded his or her powers; or, d) the arbitrator refused to postpone a hearing or hear certain evidence or otherwise prejudiced a party’s rights. As to child-related issues, a court shall not vacate an arbitrator’s award unless the court finds the award to have been against the best interest of the children. We have yet to have an arbitration award vacated or modified on any issue by any circuit court.
What about payment?
We request a $250 deposit per party to schedule a session ($500 total). You will be scheduled for a four-hour block of time at $250 per hour. The remaining balance of $500 is due at the end of the session ($1,000 total; $500 deposit and $500 post-session payment, split equally between the parties unless otherwise agreed. The parties will split the cost equally unless otherwise agreed. You can use any commercially accepted method of payment.
However long it takes, be assured that the goal is to save you the substantial money it would cost to prepare for and conduct a trial. We know that mediation is expensive. We also know that settling the case at mediation is a cost-effective way of bringing your case to conclusion.
Where does mediation or arbitration take place?
These will take place at the offices of the Pepper Mediation Center, 1727 Monroe, Dearborn, Michigan 48124. Click here for a map and parking instructions. It is a reasonably convenient location in the metropolitan area. However, for some cases that arise in Oakland, Washtenaw, Macomb, Monroe or Livingston Counties, for the convenience of counsel and the parties, we will consider conducting mediation or arbitration sessions off-site at the offices of counsel involved or another suitable location.
Comfort issues…
We will have coffee, tea, water and soft drinks available during mediation. Additionally, there will be packaged snack food items to keep your energy levels up.