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.
