MEDIATION GUIDE – QUESTIONS AND
ANSWERS
Hon. Milton L. Mack, Jr., Chief Judge
Hon. David J. Szymanski, Chief Judge Pro Tempore
Hon. Martin T. Maher
Hon. Freddie G. Burton, Jr.
Hon. June E. Blackwell-Hatcher
Hon. Cathie B. Maher
Hon. Judy A. Hartsfield
Hon. Frank S. Szymanski
What is Mediation?
Mediation
is a process in which a neutral third party assists communication between
interested persons. In addition, the mediator will assist in identifying
issues, and help explore solutions to find a settlement that all parties are
satisfied with. Note: A mediator
is not a judge. The interested persons
voluntarily enter into a settlement.
Why Should I try Mediation?
In
the traditional court process, the judge rules on the outcome of the case. Mediation allows the interested persons
involved to determine a solution that will provide an agreement that is
satisfactory to everyone. Mediation can be scheduled quickly and can be less
expensive than a court case handled by a judge.
Moreover, mediation is less damaging to long-term and ongoing relationships
than a court case with a judge. The
mediation process is confidential, unlike court proceedings, which are public.
Also, interested persons using mediation do not give up any of their legal
rights and can always choose to continue with a regular trial.
How
do I get Involved in Mediation and how is it Scheduled?
A
case can be ordered into mediation or the interested persons can voluntarily
submit their case at any time. If the judge orders the case to mediation, the
interested persons have seven (7) days from the day the order is entered to
agree on a mediator and typically sixty (60) days to complete mediation, unless
otherwise ordered or agreed to by the parties.
If an interested person needs more time, through the mediator or their
counsel they can contact the judge to request an extension. The mediator will contact interested persons
to schedule mediation in accordance with the court. Also, the mediator will
review the number of interested persons and issues involved and the need for
multiple mediation sessions in scheduling mediation. In addition, the mediator may require that
the parties submit documents or summaries providing information about the
case.
Is
a fee involved in Mediation?
Yes. If a mediator is selected from the Court
approved list, the mediator sets an hourly fee.
If the
How
do I select a Mediator?
Interested
persons are encouraged to agree to the selection of their own mediator. The court maintains a list of approved
mediators on its website to help in the selection process. See www.wcpc.us
under Information – List of Court Approved Mediators. However, interested persons are free
to choose whomever they agree on to mediate their case. If the interested persons do not agree on the
selection of a mediator within seven (7) days from the day the mediation order
is entered, the Court will appoint the
Where
is Mediation held?
The interested persons and the mediator choose the
meeting place, as well as the dates and times of the meeting. If the
What
Happens During Mediation?
The
mediator will explain the mediation process, discuss any facts and issues
involved with the interested persons, and establish some ground rules. A
mediation session will continue until (a) a settlement is reached; (b) the
mediator determines that a settlement is not likely to be reached; (c) the end
of the first mediation session; (d) until a time agreed on by the interested
persons.
What
Happens at the End of Mediation?
Within
seven (7) days after mediation, the mediator will submit a Mediation Status
Report to the court. If the matter is
settled through mediation and the parties are not represented by an attorney,
the mediator will include a settlement agreement in their report that will be
reviewed by the Court. Based upon this
agreement, a follow-up hearing may or may not be needed in front of the Judge. If a settlement is reached and the parties
have lawyers, the attorneys will prepare and submit the proper paperwork,
settlement agreements, or orders to end the case. However, if the matter could not be settled,
the interested persons will follow the court dates set by the scheduling order
or subsequent orders.
What
are the Qualifications to Serve as an Approved Mediator?
Approved mediators must complete an extensive training
program approved by the State Court Administrator, as well as observe and
conduct mediation sessions. In addition,
mediators have to fulfill a continuing education requirement (see below) to
remain on the court’s list of approved mediators.
Do
Mediators have a continuing Education Requirement?
Yes,
approved mediators are required to obtain eight (8) hours of advanced Mediation
training during each 2-year period.
Are
there Standards of Conduct for Mediators?
Yes,
mediators are to promote honesty, integrity, and impartiality, which are all
focused on during the education and training process that each mediator goes
through. A mediator may be disqualified
for the same reasons a judge may be disqualified; including, demonstrating
incompetence, bias, consistently being unavailable to serve as a mediator, or
for other justifiable reasons.
What If I Have Additional Questions?
Contact the Wayne County Probate
Court Mediation Clerk’s office at (313) 224-5578.
Mediation Clerk’s Office
1305 Coleman A. Young Municipal Center
Rev. 12\15\08