About Mediation

About Mediation

Mediation is an alternative to the litigation process. It is a forum where you and the other party work together to craft solutions tailored specifically to your needs in a relaxed environment. Mediation is a voluntary, private and confidential process. The mediators who assist you through the process are neutral and will not favor one side or the other.

What to expect at the Mediation Session

  • The mediators introduce themselves, explain their role and have everyone introduce themselves.
  • The mediators explain the mediation process, the ground rules, and the Agreement to Mediate document.
  • Each party has the opportunity to share their concerns from their point of view, without interruption.
  • The mediators identify and clarify the issues they hear from the parties. They encourage the parties to communicate directly with one another and will point out any common interests they hear. During this part of the mediation process, the parties work together to resolve the dispute. There may be times when the mediators meet with each party separately.
  • Any terms of agreement reached in mediation is put down in writing and signed by all parties to the dispute. The signed agreement can be enforceable by the court, as is any other contract.  Unlike litigation or arbitration where someone else is in control and makes a decision for the parties, in mediation the parties are in control and create their own resolution. This type of environment is meant to be productive and beneficial for all parties involved.

If you have any questions about the mediation process, please feel free to contact us at (248) 338-4280.

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FAQ’s about Mediation

 What type of disputes are appropriate for mediation?

We mediate any type of dispute as long as it does not involve domestic abuse or criminal cases. Mediation is available to anyone who wishes to resolve conflict and avoid litigation.

How do I know if mediation is the best choice for my situation?

Mediation is a good choice when parties seek to resolve a matter while avoiding the stress, delay and cost of litigation. Mediation should generally be considered for any disputed issue when parties want to have control over the outcome.

What is the actual process of mediation?

Facilitative mediation at Oakland Mediation Center is a dispute resolution process where the parties voluntarily agree to meet with the mediators. Each party has an opportunity to present his or her perception of the problem. Generally, there are no time constraints placed on each party’s presentation in order to encourage effective communication. The mediators, together with the parties, define the issues involved in the dispute. The mediation session begins with the parties and mediators meeting together at the table. When the parties discuss and work out terms that are mutually acceptable, a mediation agreement is drafted incorporating these terms. The agreement is signed by all parties. The mediation agreement becomes a contract enforceable in the courts.

How frequently do mediated cases settle?

Statistically, cases mediated or facilitated have an 75% settlement rate and an 85% compliance rate.

What if the case doesn’t settle or one or more parties refuse to mediate?

In a situation where one party refuses to mediate or the parties mediate but do not reach an agreement, you do not forfeit your right to have your case heard in court or before an administrative body.

Who are the mediators?

Mediators are highly trained and skilled individuals who have a passion for helping individuals resolve disputes.

What are the benefits of mediation?

Mediation provides disputants with the opportunity to resolve conflict at its initial stage and before a considerable amount of time and money has been expended, or at any stage thereafter. In Oakland County less than 2% of the civil cases filed in the courts result in trials. The remaining 98% are dismissed or settled before trial. Meanwhile, considerable costs and legal fees have been incurred by the disputants. Confidentiality is another benefit. Disputes involving personal and family matters do not lend themselves to public hearings or a public court record. Solutions attained through the mediation process tend to preserve relationships between family members, neighbors, business associates, consumers and merchants. A creative agreement tailored to resolve a specific problem may be more acceptable to all parties than a decision imposed by a judge or arbitrator where one party wins and another loses.

What does mediation cost?

Depending on the type of case there may be a small administrative filing fee ($60) charged to the party who initiates mediation. A schedule of fees is available upon request. Fees will be waived for those who are indigent.

Oakland Mediation Center offers a wide variety of mediation services. Learn more about the types of cases suitable for mediation at OMC.

Once you have decided that mediation is right for you the next step is to connect with OMC. Please complete a Request for Mediation form to begin the process. 

Please click here for a copy of the OMC_Compaint_Procedure_10-11-16