Mediation in Michigan

Voluntary versus court-ordered mediation

Under MCR 3.216, a judge can order parties in a divorce or custody case to attend nonbinding domestic relations mediation. This can happen on the court's own initiative or after either spouse requests it by motion. Mediation can also happen voluntarily, without a court order, if both parties agree it might help resolve their dispute. Michigan's own guidance notes that mediation tends to work best when it's voluntary and both sides believe it will help. But it can still work well when a judge orders it.

What happens in a session

Normally, both parties meet together with the mediator over the course of several sessions. Each side gets a chance to explain what they want to happen in the case. The mediator does not act as a judge and won't decide who is right or make decisions for the parties. Instead, the mediator helps both sides work toward joint decisions on the disputed issues, such as child custody and parenting time in a divorce.

Domestic violence screening

Mediators handling Michigan domestic relations cases must screen for domestic violence or coercion. This helps ensure mediation sessions are safe and conducted on a balanced footing between the parties. A history of abuse or intimidation between the parties is one of the specific factors that can make a case a poor fit for mediation. Mediation depends on both sides being able to negotiate on relatively equal footing.

Cost of mediation

Mediators set their own hourly fees, so cost varies by mediator and case. When a judge orders mediation, each party typically pays half the cost. Many Michigan counties have a Community Dispute Resolution Center, or CDRC, which may offer a sliding fee scale. If a judge orders mediation and a party can't afford it, that party can ask the judge for a free or low-cost mediator. Free and low-cost mediators aren't available in every county.

Friend of the Court mediation and finalizing an agreement

Beyond MCR 3.216 mediation ordered directly by a judge, the local Friend of the Court office in a Michigan county may also provide its own custody and parenting time mediation services. These services can be optional or specialized, depending on the county. Availability and structure vary locally, so check with the Friend of the Court office in the county where the case is filed.

Mediation under MCR 3.216, including Friend of the Court mediation, is nonbinding unless the parties sign an agreement. If mediation results in an agreement, it must be put in writing and signed. It becomes enforceable once it is submitted to and approved by the court, and incorporated into the divorce judgment or a custody and parenting time order. If mediation doesn't result in an agreement, the case proceeds toward a contested hearing on the issues that remain unresolved.