Learn more about Conflict Resolution Services, mediation, facilitation, and volunteering here.

Benefits of Workplace Mediation

There’s no perfect workplace, and with professional settings filled with people from different backgrounds and points of view, there will be conflict among employees at some point among even the most cohesive teams. While many small arguments can be handled internally, some disputes can quickly escalate into much larger confrontations that put management and executives in a difficult position. When workplace conflicts threaten to disrupt the rest of the team, it may be time to turn to workplace mediation. 

What Is Workplace Mediation?

Workplace mediation is an alternative conflict management process where a trained, impartial mediator can help resolve disputes between employees before it escalates further. The mediator hears both sides of the story and works with the parties involved to reach a mutually beneficial resolution. This is advantageous for not only the employees involved, but also the company as a whole because the dispute can be handled outside of a courtroom, making it a faster and more affordable option. Not only that, but mediation has a success rate of 70-80%, with both sides “winning” instead of one side losing in court.

You can read more about the mediation process and what to expect here. 

When Should You Consider Workplace Mediation?

It often won’t be the employees themselves who turn to mediation to resolve the conflict, but management who becomes aware of the issue and feels external resolution should be employed. Intervention should happen sooner rather than later, as there will be less of a negative effect on workplace morale and a better chance of success. Each situation is unique, but there are some common indications that may prompt you to turn to mediation. 

Accusations of Inappropriate Behavior or Discrimination 

Whether it’s a politically incorrect joke or blatant discrimination, if an employees feels a colleague’s behavior makes them uncomfortable, this could potentially escalate into creating an 

intolerable workplace environment for even more employees. Instead of “blaming” the employee accused of this behavior, a mediator can help them recognize that their behavior is problematic and facilitate an apology and agreement to prevent this in the future.

A Difference in Work Styles

Every employee brings their personality to the workplace, and there are times that their work style will clash with coworkers who don’t see eye to eye on a personal or professional level. This can cause disagreements, interrupt productivity, and even create an uncomfortable situation for other teammates. The mediator can facilitate an open discussion about these differences and work with the employees to productively see both sides, work towards a resolution, and stop those small disagreements before they snowball into bigger issues. 

Misinterpretation and Miscommunication 

It could be something as simple as instructions or a comment being misinterpreted in the wrong way that resulted in a deeper miscommunication and disruptive conflict. In these instances, a mediator can help the employees see what went wrong in what was previously a productive working relationship, and then work with both sides to find ways to improve communication going forward.

Benefits of Workplace Mediation

Beyond the obvious benefit of mediation in resolving conflicts and working to tame workplace tensions, there are also a variety of additional reasons to consider conflict management strategies for a company. 

Foster Productive Dialogue

The goal of mediation isn’t just to resolve a workplace issue, but rather to resolve the issue while facilitating constructive discussion on why it happened and ways to ensure the same conflict won’t happen again. A mediator can impartially guide the dialogue in a way that employees learn strategies to better express themselves and find resolutions that leave everyone satisfied with the outcome—making mediation both a productive and proactive solution. 

Improve Relationships

Many arguments end with resentment, and while there’s no way to completely avoid the emotion attached to that, there are logical steps that can be taken to help improve workplace relationships both before and after a conflict. A neutral mediator can help both sides understand each perspective and offer constructive techniques and communication tools to better handle future disagreements, which in turn can help improve employee relationships. 

Enhance Workplace Culture

No one wants to work in an environment where uncomfortable disagreements and clashing employee perspectives regularly occur—and go unchecked. Workplace mediation can help create a culture of effective communication and mutual respect among everyone who works there, with employees more willing to collaborate secure in the knowledge their ideas and concerns can be freely shared and acknowledged. 

Better Employee Engagement and Retention

A more positive workplace culture and improved relationships often means employees will want to stick around. Mediation shows each person that the company knows how to properly—and fairly—handle internal disputes and that they care about the well-being of each employee. 

Ready to Put Mediation to Work? 

Some workplace disputes require a neutral third-party in order to not only resolve the conflict, but also ensure that management can remain impartial so additional conflicts aren’t created as a result of “picking” sides. When there are tensions among your team, workplace mediation can be just the thing to help facilitate dialogue, provide the tools needed to communicate more effectively going forward, and reach a solution that leaves every employee satisfied with the outcome.

Reach out to Conflict Resolution Services today to put mediation to work for your organization.  

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Why Schools Care so Much About Truancy and How Restorative Justice Programs Can Help

From the school’s perspective, state funding is based on the average daily attendance at a school. So more absences mean less in the budget for essential classroom supplies and programs. But more important than the budget is the future success of the students. 

According to a report by physicians at Council on School Health, “Chronic school absenteeism, starting as early as preschool and kindergarten, puts students at risk for poor school performance and school dropout.” And for older students, being chronically absent has been found to be associated with low grades and test scores, increased suspensions, and higher high school dropout rates—which can make it harder to succeed professionally in the future. 

From a social and psychological standpoint, school helps young people create relationships with peers and adults, and missing a large number of days makes it hard to build a sense of community and belonging, and feeling out of the loop and/or left out may make them feel more disinclined to return to school. 

Why are Students Missing School? 

There are many reasons a student may be absent, and understanding what’s causing the truancy or chronic absenteeism is important to find a solution. According to Attendance Works, there are four broad categories as to why a student may become truant: 

Barriers: This can take the form of anything from a serious illness, situation at home or lack of transportation or tech to housing/food insecurity.  

Aversion: This is when the student is experiencing things like anxiety, academic/behavioral struggles, bullying, or an undiagnosed disability that make the learning environment unpleasant.

Disengagement: Not being stimulated by school can mean they’re not challenged, bored, lack of support from and/or meaningful relationships with teachers and staff, or even work conflicts for high school students. 

Misconceptions: Some students and parents are unaware of the consequences and think only unexcused absences are a problem, that a couple days gone won’t affect learning, and that attendance is only important for older students. 

How Can Restorative Justice Help with Truancy?

While truancy can have many causes and negative consequences, simply sending a truancy officer to the home and demanding your child returns to school isn’t always the best solution. At CRS, we offer restorative justice services that involve working with the school to get to the root cause of the problem and collaboratively work to find a long-term solution. 

At its core, restorative justice takes a completely different approach than what you might think of in terms of “justice.” Rather than focusing on a “punishment,” restorative justice aims to understand and respond to the needs of each involved party, taking into account every unique situation and the contributing factors. 

For example, instead of immediately punishing a truant student, we may work with all parties and ask questions as to why this has become repeated behavior. Maybe it’s because they’re being bullied but are too scared to tell anyone, or that they don’t have a stable home situation and are scared to leave a parent home alone during the day. 

By bringing those involved together in a safe and voluntary dialogue with well-trained facilitators, restorative justice creates an opportunity for the needs of the student, the families, and the school to be met in a more “human” form of resolution. When the student feels their concerns are being heard—and that their actions have serious consequences—they may be more inclined to stay in school and avoid repeating the situation in the future. 

We’re Here for Students, Families, and Schools

At CRS, our goal is to ensure every student feels safe, welcomed, and challenged in school, which can help set them up for both personal and professional growth in the future. If your child is facing truancy issues and you would like to explore how mediation and restorative justice may help, reach out to our staff today. 

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What is Behavioral Health Mediation?

If you’ve ever experienced mental, behavioral, or emotional health issues, you’re not alone. One in five U.S. adults experience mental illness each year, and depression is the leading cause of disability in the world. Mental health affects everything from our thoughts and choices we make to how we react to everyday situations, and it can be especially hard to manage when you’re also dealing with a dispute related to the behavioral health services you receive. 

The good news is that you don’t have to handle the dispute on your own — or pay for a solution. We offer local mediation services to resolve disputes related to behavioral health services provided through the Michigan Department of Health and Human Services (MDHHS), Community Mental Health Services Programs (CMHSP), and their contract providers. 

What is behavioral health mediation?

Behavioral health mediation is a cooperative, neutral, confidential process that works to improve communication and reach a mutually beneficial resolution for participants related to a behavioral health dispute. While mediation is often a lower cost resolution than having your case heard in court, it’s now a free and impartial alternative for Michigan residents who receive services from Community Mental Health or a Prepaid Inpatient Health Plan thanks to a grant from the MDHHS. Anyone receiving services from Community Mental Health can request mediation at any time and Community Mental Health is legally required to participate.

When you should consider behavioral health mediation

How do you know if you should pursue mediation or not? It’s most appropriate when the relationship is strained due to a dispute, but you have to continue the relationship in the future. 

While taking the dispute to court would result in someone winning and someone losing, mediation works to repair the relationship and reach a win-win solution, helping to rebuild a foundation so that the relationship can continue in a more successful way going forward.

 Some examples include: 

  • A dispute with Community Mental Health or a Community Mental Health-contracted provider
  • Disputes related to a person-centered plan (adequacy, delivery of services, financial, transportation issues)
  • Treatment plans
  • Living, working arrangements
  • Understanding the Community Mental Health processes and how determinations were made (i.e., medical necessity). Note: Mediation will not change the outcome of the process, but will only educate the participants on certain processes
  • A form of local dispute resolution process prior to a Medicaid Fair Hearing
  • Planning or providing of Community Mental Health services

What’s involved in the behavioral health mediation process? 

The mediation process itself isn’t as formal as a court proceeding, but there is still a highly professional and distinct process. Mediation is led by expert volunteer mediators who have a minimum of 40 hours of state training on mediation, with an additional minimum of six additional hours of training specifically focused on behavioral health mediation.

They’ll start by outlining the process and how things will proceed during the mediation, and then both parties will have a chance to explain their side of the situation. The mediator will then summarize what both parties shared and clarify any outstanding questions or concerns. While they don’t act as a judge deciding who is right or wrong, they do work to help those involved draft a mutually-agreed-upon resolution that becomes a legally binding mediation agreement.

Along with being offered at no cost to you, the mediation process is also a faster option, as mediation settles matters within an average of 45 days, compared to 18 months for those that go through the courts. Not only that, but mediation has a success rate of 70-80%.

How to request behavioral health mediation 

Do you have a behavioral health dispute you would like to resolve out of court? This program ensures you have access to a neutral, independent mediation professional to resolve matters related to your experience with Community Mental Health or Prepaid Inpatient Health Plan services. Clients of Community Mental Health can request a mediation by calling 1-844-3-MEDIATE (844-363-3428) or emailing at behavioralhealth@mediation-omc.org.

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What is Child Protection Mediation?

According to the Centers for Disease Control and Prevention, one in every seven children in the U.S. experiences abuse or neglect every year—a number they say is likely underestimated due to unreported cases. These children not only suffer physical and emotional effects, but they’re also at an increased risk of future additional victimization, substance abuse and changes in brain development that can lead to learning difficulties and limited career opportunities.

In order to protect these children, they’re often removed from their homes and placed in a safer environment, but it’s not an easy process. Court cases can be stressful, expensive and lengthy, and often do nothing to address the root of the issue and work towards change and reconciliation. That’s where child protection mediation can step in.

What is Child Protection Mediation?

When allegations of child abuse and/or neglect result in children being removed from a home, it triggers a series of complex steps to ensure those innocent children are placed in a safe, permanent environment that’s in their best interest. While that’s the end goal, it often involves a diverse group of adults—biological parents, foster parents, attorneys and child protection professionals—making communication difficult.

Child protection mediation involves using a neutral third party—a specially trained mediator—to help everyone involved collaborate to find a mutually agreeable, beneficial solution for the children. Instead of working against each other, the confidential process of meditation is non-confrontational and allows all sides to share their perspectives and input on what they feel is best for the child.

Not only is this faster and less expensive than resolving conflicts in the courts, but it keeps the focus on the most important issue at hand—positive outcomes for the child, and hopefully a new path of resolution, rehabilitation and reconciliation for the families.

The Child Protection Mediation Process

The child protection mediation process may vary based on the allegations and the courts. If it’s decided that mediation is appropriate for the dispute, there is a general set of steps that can be taken. A specially trained mediator will first explain their role, the goals, and ground rules, including the fact that you’re there to work cooperatively toward a resolution, and not to assign blame.

Each party will then have the opportunity to explain their perspective on the child protection dispute, the consequences this situation has had on the child and what they feel would be the best resolution for all involved. The mediator will guide the conversation in an impartial way that ensures both sides have time to make their voices heard without being interrupted. Mediated issues might also include conditions the parents must satisfy or services they will use before the children can return home, such as child care options, parenting classes and rehabilitation programs.

When there are no outstanding questions, the mediator will shift the conversation to reaching a solution and terms of the agreement. While the goal is often to create a plan that ends with reunifying the family and finding the best placement for the child until that can happen, that reconciliation isn’t always possible. In those situations, the goal then shifts to finding a new long-term placement that’s the safest, most suitable for the child.

When resolution is reached, the terms of the agreement will be written down and signed by all parties. The signed agreement is then sent to the courts to be incorporated into an order.

The Benefits of Child Protection Mediation

Mediation is unique in that the resolution allows all parties to walk away with a win, whereas in the courts there’s often a clear winner and loser. It facilitates non-confrontational communication between families, foster parents, relatives, and others involved in the case. One of the key benefits of mediation is that it’s participatory and gives parents that opportunity to contribute to the conversation, process and resolution, often resulting in fresh perspectives and a solution that benefits all those involved—especially the children.

The benefits of child protection mediation include:

  • Opportunity to learn more about their behavior and examine possible solutions, without a focus on blame.
  • Less expensive and time-consuming than the courts.
  • Increases understanding of what’s best for the child.
  • Reduces conflict between the parents and professionals.
  • Increases the ability of the child’s care team to work together effectively.
  • Opens up the lines of communication between all involved.
  • Improves the quality of and adherence to the agreement due to greater input from
    all parties.

We’re Here to Help Families Work Together

Safety, support and a stress-free place to call home are things that every child not only needs, but that they deserve. By using child protection mediation services to collaboratively resolve disputes, you have the opportunity to reach a more cohesive solution and foster a more positive relationship going forward, never losing sight of what’s really important—what’s best for the kids.

Reach out to Conflict Resolution Services at 231-941-5835 or casemanager@crsmediationtc.org. We’re here to help.

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Mother with female child

Additional Resource Available to Parents of Children with Special Needs through Special Education Mediation Services

Whether you’re a parent or an educator, your goal is to meet the emotional, physical, and educational needs of each student, and that requires good communication between everyone that’s involved. However, there are times when challenges will require additional support to help parents and schools find common ground to meet the educational needs of the student. When you need to resolve a dispute, manage complex meetings, or improve the relationship with the school team, the answer may just be special education mediation. 

Conflict Resolution Services provides Special Education mediation free of charge for Antrim, Benzie, Grand Traverse, Leelanau, Missaukee, and Wexford counties’ schools and residents through the Special Education Mediation Program. These services are federally funded through the Individuals with Disabilities Education Act (IDEA) and paid for by a grant from the Michigan Office of Special Education.

What are Special Education Mediation Services? 

Special Education Mediation Services (SEMS) are an effective way to help support cooperation and teamwork between those who are directly involved in the students’ education and well-being. The overall goal — to improve educational outcomes — involves using a neutral third-party, specially trained mediator to help parents and educators collaborate to find a mutually agreeable, beneficial solution. 

Mediation is non-confrontational and a way of working together to find a solution, rather than working against each other. Both sides have an opportunity to share their view on the situation, contribute ideas, and provide feedback in a confidential setting. Not only does this help to resolve issues quickly and avoid lengthy and costly court proceedings, but it keeps the focus on what’s important — positive outcomes for the child. 

Benefits of Special Education Mediation Services

When faced with a challenge regarding your child’s educational services and outcomes, special education mediation services can help in a variety of ways.

Resolve disagreements

Both educators and parents are busy and under a lot of pressure to handle a wide range of complex, often difficult special education issues, and it can understandably get emotional. A trained special education mediator can provide a safe, neutral environment to guide the conversation and ensure all parties have equal opportunity to express their point of view. They also keep everyone on topic, and help identify and evaluate options to resolve the dispute and create a legally enforceable agreement regarding the solution. 

Mediation results in a 70-80% agreement rate, and the speed of mediation as opposed to the courts means students benefit from those solutions in a more timely fashion without the constraints of state complaint and due process timelines. This means both more time and money can be spent on educating — which is the ultimate goal. 

Manage complex meetings

Planning the educational services for students often requires a variety of meetings, whether that’s about IEP, IFSP, BIP, MET, MDR or planning a conference. If any of the participants are uneasy about a meeting or the relationship between caregivers and educators is strained in any way, participants can request a neutral, third-party mediator to facilitate the meeting process. 

The facilitator can create an agenda based on the participant’s input, and they’re trained to keep the conversation on track and on topic, centered on the needs of the student, while helping to negotiate disagreements without taking sides. 

Training to improve communication and relationships

Mediation services can greatly help to improve communication between parents and educators, but it’s also important to learn collaborative communication and dispute resolution techniques so that all parties can more effectively make decisions going forward — and hopefully avoid future disagreements.

Skills like active listening, empathy, and framing issues in a neutral fashion can help to promote collaboration, but they’re not always the easiest skills to understand or implement. SEMS offers a variety of workshops that can be adapted to the unique needs of your situation, including: 

  • Dispute Resolution Options in Special Education 
  • Conflict Resolution and Communication in Special Education 
  • Discipline for Students with Disabilities 
  • Effective IEP Team Meeting Participation Techniques 
  • How to Develop Trusting Relationships Between Families and Schools 
  • How to Communicate with the Most Challenging Personalities 

SEMS provides the materials and trainers at no cost to organizations that work with special education students. The only thing the hosting organization has to do is arrange the location, promotion, registration, and provide refreshments. 

Interested in Special Education Mediation Services? 

The use of these no-cost services allows parents and educators to spend less time, energy, and money on resolving disagreements and more time focused on positive educational outcomes and the growth of the students. 

For more information, please call 833-KIDS 1ST or 833-543-7178 or visit mikids1st.org. Requests for services are processed through the SEMS central office with local service delivery coordinated by Conflict Resolution Services.

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Resolve your family dispute online.

What is MI-Resolve Family?

Whether it’s a conflict regarding schedule changes, transportation responsibilities, moving the child’s clothing or toys back and forth, or vacations and extracurricular activities, domestic disputes can be extremely stressful — and extremely expensive if they go to court. 

Parents want what’s best for their children, and often that’s working to provide a peaceful solution that not only resolves the current dispute, but also works to prevent any disputes in the future. 

That’s the goal behind MI-Resolve Family, the domestic version of the free online service MI-Resolve that allows people to resolve disputes online without going to court, or if a case is already filed in court, to resolve them before the trial date.

The MI-Resolve Family System is specifically designed to help families work together to create everything from new agreements regarding parenting time to revising current court-ordered plans and even creating news plans to make up for missed time — all through the help of a highly trained mediator. 

What is mediation?

Mediation is a faster and more affordable way to solve legal conflicts. Through the help of mediators trained through programs approved by the Michigan Supreme Court’s State Court Administrator, disputes can be settled outside of a courtroom and without standing in front of a judge. MI-Resolve is free to use and can be accessed 24/7/365, meaning that disputes can be resolved very quickly, often in a matter of days. 

It’s a confidential way for both sides to explain their point of view and hear the other person’s side of things. The mediator doesn’t decide who is right or wrong, but instead impartially helps those involved draft a mutually agreed-upon resolution that becomes a legally binding mediation agreement that the parties can sign online and submit to the court. Unlike in courts where someone “wins” and someone “loses,” mediation allows both parties involved to walk away with a solution in which both sides come out on top. 

How to use the MI-Resolve Family system

Whether you’ve been ordered to mediation or the Friend of the Court has suggested MI-Resolve Family as an option, the first thing that will happen is that your local CDRP center — like Conflict Resolution Services, for example — will reach out to you and review your unique case before deciding if MI-Resolve is the best option. If they feel it’s suitable to go to mediation, the staff of that center will invite both you and the other caregiver to meet with a trained mediator through a private online portal. 

After you receive your invitation to register on the system, the next steps include: 

  • Creating a username and password that allows you to access the system from your preferred online device, whether that’s a smartphone, tablet, or computer. 
  • Once logged in, you’ll be asked to answer a few questions.
  • If you have photos, schedules, and other documentation that supports your viewpoint and responds to the other party, it can all be uploaded through MI-Resolve.
  • After the other party logs into the system, you’ll be assigned a trained mediator and the conversation will begin. 
  • The mediator will help move the conversation smoothly along and identify ways to amicably resolve the dispute, taking an impartial view of both sides of the dispute.
  • If necessary, the mediator can also meet separately with each party in a private space.

All conversations held during mediation are confidential, and the only thing the court will be aware of is whether or not you participated and/or if the case reached a resolution. If/when you do agree on a particular resolution, an online agreement form is produced for both sides to sign, which then becomes a binding contract. At that point, other than ensuring that the proper forms are brought to court, more often than not you don’t need to appear in court for further events. 

We’re here to help families work together

By staying out of the courts and having your dispute heard through mediation, both parties have the opportunity to reach a more creative, cohesive solution and foster a more positive relationship going forward. Instead of a court deciding the outcome, both parties can offer their perspective and work to create a solution where everyone wins — especially the children involved. 

If your case hasn’t been ordered to mediation, but you’re interested in trying MI-Resolve for your dispute, reach out to Contact Conflict Resolution Services at 231-941-5835 or casemanager@crsmediationtc.org. We’re here to help. 

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Volunteering at Michigan Community Dispute Resolution Centers

The State of Michigan has for many years been a leader in the use of conciliation, mediation, and other forms of voluntary dispute resolution as an alternative to the judicial process. Among the most important steps implemented by the state to support the use of ADR is the Michigan legislature’s creation of the Community Dispute Resolution Program (CDRP)[1], under which the state authorized the creation of not-for-profit Community Dispute Resolution Centers (CDRCs). There are currently sixteen Centers across Michigan. These CDRCs help resolve community disputes and provide timely and low-cost ADR services to litigants and others who may not otherwise be able to afford such services. The CDRCs are partially funded by the Michigan Supreme Court Administrative Office of Dispute Resolution and rely heavily on the support of hundreds of volunteer mediators and facilitators across the state. The CDRCs provide critical ADR support to all Michigan Courts, resulting in the resolution of thousands of cases and other pre-litigation disputes that would otherwise require time-consuming and expensive trials to be resolved.[2]

In addition to their role to assist Michigan Courts in the early resolution of cases, the CDRCs also provide outstanding opportunities for professional development and service by Michigan lawyers whose practices include private ADR services, or those who simply wish to learn more about ADR for the benefit of their clients. Among the reasons to consider volunteering at your local CDRC are the following:

  • Experience. Many Michigan lawyers who complete civil, domestic, or other mediation training programs required to serve as mediators find that once they are certified as a mediator it can be difficult to obtain mediation assignments from their local courts. This is often due to the lack of experience that newly trained mediators have in mediating actual cases.

    The CDRCs offer excellent opportunities for lawyers seeking to build their mediation resumes. With the increasing numbers of cases referred to the CDRCs by our Courts, the centers are always looking for qualified mediators to handle cases, most of which are mediated in a few hours or less.    
  • Mentoring. Similar to the practice of law, mentoring is an important part of becoming a skilled mediator. The CDRCs are well-equipped to mentor mediators who volunteer at the Centers. These opportunities may include observing other mediators, co-mediating cases with more experienced mediators, and training opportunities offered by the Centers for their volunteers.
  • Pro Bono Obligations. The Michigan State Bar policy on pro bono legal services strongly encourages Michigan lawyers to contribute a minimum of 30 hours of no fee or reduced fee legal services to needy members of their communities.[1] The CDRCs offer Michigan lawyers with many opportunities to fulfill their pro bono obligations, by serving as mediators or facilitators for the Centers, by working as members of their Centers’ Boards of Directors, or even by making financial donations to the Centers as qualified not-for-profit service providers.
  • Exposure to Courts. The substantial majority of cases mediated through the CDRCs are cases assigned by Courts in each of the Centers’ geographic territories. If you are looking for opportunities to be recognized as a skilled and effective mediator by the Courts in your area, volunteering as a mediator at your local CDRC is a terrific way to do so.
  • Skills Development. Volunteers at CDRCs can gain skills such as active listening, negotiation, and problem-solving. These skills not only benefit them in their personal lives but also enhance their law practices, making them valuable assets for use with clients and in their firms. Utilizing these skills, volunteers become adept at fostering positive relationships, promoting collaboration, and finding beneficial solutions to cases and other disputes in which their clients are involved, thus enhancing their overall effectiveness and success as lawyers.

Want to Learn More About Mediating at a Community Dispute Resolution Center?

To learn more about mediation, and ADR services offered by the CDRCs, check out the videos at https://www.courts.michigan.gov/administration/offices/office-of-dispute-resolution/ODR_videos/.

Interested in Volunteering?

Volunteering at your local CDRC is quick and easy. A list of the CDRCs, along with links to each of their websites, a list of counties served by each Center, and the names and contact information for the Directors of each Center is available at the Michigan Community Mediation Association website (https://www.michiganmediates.org/mediation-centers/). If you are interested, give your local Center a call or send an email – you will find your Center ready to answer any questions you have about volunteering, and ready to make you a part of its team!

[1] Community Dispute Resolution Act, MCL Section 691.1551, et. seq.

[2] See, for example, the 2023 Annual Report of the Community Dispute Resolution Program, available at https://www.courts.michigan.gov/49c1a9/siteassets/reports/odr/2023_cdrp_annual_report.pdf.

[3] See the State Bar of Michigan Voluntary Pro Bono Standard, available at https://www.michbar.org/programs/atj/voluntarystds.

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Why is my small claims case scheduled for mediation?

Small claims mediation is a way for people to resolve a minor legal matter with the help of a neutral third party instead of taking their dispute to court. While you might be wondering why your small claims course is scheduled for mediation instead of being heard before a judge, there are a variety of reasons and benefits that can provide a satisfactory solution for all parties involved. 

What is small claims mediation? 

In the state of Michigan, the maximum you can collect through a judgment in the small claims division of the district court is $7,000. But as small claims courts continue to see a rapid increase in cases, many have instituted policies encouraging and sometimes ordering mediation to assist in the resolution of civil cases before being tried in the courts. Currently, Grand Traverse, Antrim, and Leelanau counties order all small claims cases to Conflict Resolution Services (CRS) for mediation prior to scheduling a hearing before a judge.

While mediation is less formal than a court trial, there is still a distinct process led by a highly-skilled CRS volunteer mediator. They use their State-approved training to guide the conversation, and both sides are encouraged to hear each other out and brainstorm creative solutions.

What are the benefits of mediation for small claims cases? 

The mediation process is a faster and more affordable option, as mediation settles matters within an average of 45 days, compared to 18 months for those that go through the courts.

More than 90% of all small claims are now completed without a court hearing, and more than 75% of the mediated small claims cases reach agreement.

Small claims mediation is beneficial when your dispute is with someone you want to keep good relations with, like a friend, neighbor, or customer. The mediator doesn’t act as a judge deciding who is right or wrong, but instead helps everyone draft a mutually-agreed-upon resolution in a process that’s completely confidential. Whereas one person must lose in the courts, mediation allows both parties involved to walk away with a win.

The process for small claims cases scheduled for mediation

This is the process for 85th District Court, which consists of Antrim, Grand Traverse, and Leelanau Counties. It only applies to small claims cases filed in one of these counties, but every small claims case filed in these counties follows this process.

1. The case is filed with the court clerk.

2. The clerk adds the case to the CRS mediation docket.

3. The defendant is served with the paperwork.

4. Five to ten days prior to the mediation date, CRS receives the docket, summons, and complaint for each case.

5. CRS sends the agreement to mediate to each party that we have an email address for. If we don’t have an email address, we attempt to contact via phone to obtain an email address. If we don’t have the email address after a couple of days, a printed copy of the agreement to mediate is sent to the party via U.S. mail.

6. At date/time specified, the small claims mediation session is held via Zoom.

Important facts about small claims mediation 

There are certain stipulations that are specific about small claims mediation that are important for all parties to be familiar with:

  • Every case ordered to mediation must be mediated before it goes before a judge.
  • If all parties participate in mediation but are unable to reach agreement, the case is then scheduled for a hearing before a judge.
  • If parties reach agreement during mediation, an agreement is drafted and electronically signed by the parties before mediation is concluded. The court requests that the plaintiff in the case use the terms of the agreement to complete a form DC85 and send it to the defendant for signature. Signing and sending this document will be included in the mediation agreement.
  • If the plaintiff does not appear for and participate in mediation, typically the judge will dismiss the case.
  • If the defendant does not appear for and participate in mediation, typically the judge will enter a default judgment in favor of the plaintiff.
  • There is no cost for participants to mediate a small claims case referred by the 86th district court.

Turn to Conflict Resolution Services

Whether your dispute is with a neighbor or former employee, our goal is to provide you with high-quality professional small claims mediation services. Our trained mediators work with both parties to foster calm, focused conversations that get to the core of the issue and keep you out of the courts. Using a variety of techniques and tactics tailored for your situation, we help find common ground and build a foundation for continued communication.

Contact Conflict Resolution Services at 231-941-5835 or casemanager@crsmediationtc.org.

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How to Become a Mediator with Conflict Resolution Services

Are you looking for a rewarding way to give back to your community? Conflict Resolution Services (CRS) is always on the lookout for passionate people who want to join us in helping others by becoming a mediator. 

A CRS mediator has a very critical role in resolving conflict between parties. They’re impartial volunteers with diverse backgrounds who have completed state-approved, intensive training. They act as a neutral third party to facilitate the conversation, encourage people to hear each other, and help participants brainstorm solutions.

Our mediators don’t make decisions or judgments, but rather ensure equality among disputants, generate movement when at an impasse, recognize and halt manipulation by those involved, and help both parties reach an agreement that is satisfactory to everyone. In fact, about 80% of all mediations end in an agreement, and the conversations during mediation often serve as a deterrent to future disputes between the participants. Unlike the courts where one person must lose, mediation is a “win/win” situation — thanks in large part to the dedication of our volunteers.

Mediator Training via Zoom

What are the benefits of being a volunteer mediator? 

Being a volunteer mediator has both personal and professional benefits. On a personal level, you get the intrinsic reward of knowing you’re helping those in your Michigan community by resolving their conflicts and relationships without the costs and stress of court. Plus, the skills you learn as a mediator can translate to your own personal life, and you might find you have more patience and are more willing to compromise with your friends and family. 

At the same time, you’re also building professional skills that can be the foundation for a successful career. In fact, 82% of hiring managers interviewed by researchers said they prefer applicants with volunteer experience and 92% say volunteer activities build leadership skills. Those skills include: 

  • Active listening
  • Adaptability
  • Communication
  • Conflict resolution
  • Empathy
  • Objectivity
  • Patience
  • Problem-solving
  • Tact
  • Trustworthiness

The process to become a volunteer mediator

Are you interested in becoming a CRS mediator? The first step is to complete the volunteer interest form on our website. Once that’s complete the Executive Director will personally reach out to you. They will give you more information about what volunteering with CRS looks like, what your personal background is, and where you’re most interested in volunteering your services. 

Paperwork and background checks

Once you and Brandie have had a chance to get to know each other and it sounds like a good fit, you’ll be sent the new volunteer paperwork. This will include our comprehensive volunteer handbook that will provide insight into our expectations, the mission behind the organization, and all the best practices and requirements expected from our volunteers.

The paperwork will also include a volunteer commitment form which confirms that you will volunteer as a mediator for CRS for two years in exchange for CRS paying for your training. 

Once that is signed and returned, you are asked to provide consent for CRS to perform a background check that’s mandatory before attending any training or mediating. This is required every three years, and failure to do so will result in the termination of your partnership with CRS. 

We’re committed to providing our clients with high-quality professional dispute resolution services, and that means we want the best people available for the job! 

Mediator training

With approval of the paperwork and background check, it’s time to move on to the training. CRS requires all mediators complete State-approved, 40- or 48-hour mediation training. We partner with centers across the state so training is available about monthly, and while you can choose which training you want to attend, please note that most training is only available during business hours. 

After formal training, depending on your education—for example, if you’re an attorney or social worker—you’ll have to either complete two or 18 mediation observations and then a mediation where an experienced mediator observes you leading.

After completion, you’re ready to mediate on your own! 

Continuous learning

To maintain active status with CRS, volunteers must mediate and/or facilitate a minimum of three cases per year and complete 8-hours of advanced mediation training every other year..  

Ready to take the next step? 

If you’re looking for a way to invest in your community — and your own personal and professional development — we would love to talk with you about how you can become a CRS volunteer. To take the first step, please fill out the interest form or reach out to us today. 

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DIY Divorce Through Mediation

No one gets married with the intent to eventually get divorced, but it happens. And it’s almost always both a difficult decision and a difficult process — especially if you and your spouse have fundamental issues that you can’t resolve on your own, like child custody, finances, and division of property. 

Fortunately, if both parties are open to an alternative solution, DIY divorce mediation can be an alternative that will cost you less time, less money, and less stress. 

What is Divorce Mediation? 

In divorce mediation, you and your spouse meet with a trained, impartial mediator to confidentially discuss and resolve the issues in your divorce. While the mediators don’t make decisions or offer legal advice, they’re trained to help both sides resolve the dispute in a mutually beneficial way. 

The benefits of divorce mediation include: 

Cost: Mediation is a much less expensive option. Going to court to settle your divorce can cost anywhere from an average of $11,300 to more than $20,000, with the average divorce attorney fees being a staggering $11,000.

Time: Whereas the average divorce settled in court can take between a year to more than 18 months, divorce mediation can be done on your schedule, and completed in an average of 45 days.

Settlements: Unlike in court where someone has to “lose”, 80% of divorce mediations end in an agreement, which is a win/win for both parties involved. 

Control: With mediation, the court won’t control the terms of your agreement. Instead you have the freedom to work together on a solution based on what both sides feel is fair. 

Communication: If you have children from the marriage, mediation can teach you skills to keep the lines of communication open and civil going forward. This helps avoid future conflicts and disruption to your children’s lives and routines. 

How to Prepare for DIY Divorce Mediation

Conflict Resolution Services will help prepare you for the mediation session by asking you to gather some items before the session, which can include:

  • A list of assets, debts, and marital property
  • Financial statements
  • Property statements
  • Key topics you want to ensure are covered in the session

What Will be Discussed in Divorce Mediation? 

While each case will have its own specific issues to be resolved, standard tenants for divorce mediation can include: 

  • Marital property division and debt allocation
  • Retirement account division
  • Spousal support
  • Child custody
  • Child support
  • Insurance coverage.
  • Future communication
  • Any issues unique to your situation

The Process for Divorce Mediation

Most divorce mediation sessions will follow the general mediation process you can read about here, but there are certain aspects that are included specifically for domestic relations mediation.

Before Mediation

Before the actual mediation session, you will be asked to provide a brief summary of the issues involved in your divorce. This information will be shared with your mediator so that they have any necessary background information about your marriage, your family, and the issues that you’re hoping to get resolved in your divorce. 

During Mediation

As mentioned, there will be aspects of the mediation process specific to your domestic situation. Both you and your spouse will have equal opportunity to give a brief overview of your side of the dispute. After you’ve both had your time, the mediator will ask any questions necessary to clarify certain points and issues brought up, and then summarize both sides to confirm everyone is on the same page. 

The next step will be to discuss the issues related to your divorce that are mentioned in the section above. What’s important to remember is that in order for mediation to be successful, both sides have to be open to listening to and trying to understand your spouse’s point of view. You don’t have to agree — you are getting divorced, after all — but you do have to be open to compromise so that both parties can come to a mutually beneficial resolution. 

The length of your mediation will depend largely on how long it takes to finish the negotiations between you and your spouse. If there are issues you aren’t able to resolve in mediation, you’ll either have to agree to address them at a later date or take them to court.

Completing the Agreement

When you finish negotiations, the mediator will write up an agreement that includes all the issues resolved during the mediation. Once it’s signed by you and your spouse, it becomes a legally binding agreement. However, you do still have to file the divorce paperwork with the court — your signed agreement will be a part of the final divorce order, and the terms of that agreement are enforceable by the courts. 

Are You Ready for Divorce Mediation? 

At Conflict Resolution Services, we know that divorce is a stressful event, and our mediators are extensively trained to work with both parties to foster calm, focused conversations that get to the core of the issue. We acknowledge that every situation is unique, and we have a variety of techniques and skills that can help both sides find common ground in a non-confrontational, balanced way that gives you a foundation for your future going forward. 

When you’re ready to take the next step, contact Conflict Resolution Services at 231-941-5835 or casemanager@crsmediationtc.org.

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