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What is Mediation?
- Mediation is a process in which two or more
people involved in a dispute meet in a private, confidential
setting, and with the help of a neutral trained mediator together
work out a solution to their problem.
- Mediation is an effective, efficient,
affordable alternative to litigation for helping people resolve
their differences.
- Mediation offers the opportunity for parties
to participate in resolving their dispute rather than having it
resolved for them.
- During mediation all parties involved in the
dispute explain the problem situation as they see it and present
their ideas on how they think the matter can be resolved. Mediators
help the disputing parties develop and agree upon a realistic,
workable solution to their problem.
- Mediators are community volunteers who
receive specialized training in conflict resolution techniques and
communication skills. A mediator is not a judge; they do not decide
who is right or wrong in a disagreement.
Why Should I Use Mediation?
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The decision making process belongs to you.
- It works. The
goal of mediation is to have all the parties arrive at a mutually
satisfactory agreement.
- It’s simple and low cost.
CMS has a minimum administrative fee
of $30 per disputant per mediation.
- It’s quick.
Most mediation sessions are scheduled within ten days of both
parties agreeing to mediate.
- It’s convenient.
Mediations can be held in comfortable
settings at locations convenient to participants and at the CMS
mediation center in Gaylord on weekdays, Saturdays or evenings to
accommodate parties’ schedules.
- It’s private.
All discussions related to the subject of the mediation remain
confidential and cannot be used in a lawsuit.
What happens if an agreement is not reached?
No one will force you to reach an agreement. If an agreement cannot be
reached between the disputing parties, or if one or more of the parties
fail to follow through with the mediation session, additional options
may include filing a legal case in court, such as a small claims action,
a civil suit, or conducting a second mediation session.
Who are the Mediators?
CMS mediators are volunteers who have completed 40 hours of mediation
training approved by the Michigan Supreme Court Administrative Office
and ten hours of supervised internship. Many CMS mediators have
completed additional and extensive training in specialized areas of
mediation.
Cases Appropriate for Mediation
A wide variety of cases can be successfully resolved through mediation.
CMS typically handles cases involving:
- property issues
- neighborhood issues including property owners
associations
- consumer/merchant disputes
- business and contract disputes
- small claims
- landlord/tenant disputes
- custody and parenting time
- victim/youth offender
- guardianship issues
- civil rights issues
- real estate issues
- special education issues
- pre and post divorce property settlement
- other disputes when both sides agree to try
mediation.
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