Community Dispute Resolution Program

Overview

In many jurisdictions throughout Michigan, courts are making citizens aware of the availability of community mediation as an alternative to litigating many types of disputes. Although a clear benefit of mediation is that successfully mediated cases are removed from the docket, the real advantage of mediation is that it is often a more appropriate process for resolving a problem. In courts which have developed referral processes with local community mediation centers, judges are finding that in many cases parties are able to resolve their own disputes with the assistance of a trained mediator. And as highlighted in a recent statewide evaluation of community mediation, a high percentage of citizens appreciate having the collaborative mediation process available as an alternative to the advarsarial litigation process.

Each year, over 10,000 Michigan citizens who might otherwise bring a dispute before a judge or magistrate will resolve their disputes through mediation services supported by the Community Dispute Resolution Program (CDRP). Mediation — as offered through CDRP centers — is a voluntary process in which two or more parties meet with a trained neutral mediator and together find a solution resolving their problem. Mediators have no decision making authority, and they do not render case evaluations as in the MCR 2.403 process. Instead, they are trained to assist the parties themselves in achieving resolution.

The mediation process is quite simple. Parties begin by telling each other their side of the story. The mediator helps parties identify the issues which, if addressed to each party's satisfaction, would resolve the dispute. Parties are invited to brainstorm options for resolving the dispute, and the mediator helps the parties narrow the options until the one which best addresses all the parties' interests is found. It is the mediator's role to help parties move from the impasse they are in when they begin mediation to a resolution resulting in a written agreement.

Mediation at a CDRP center is either free or low cost. It can usually begin within two weeks of contacting a center. A typical mediation session takes about two hours. Parties mediating disputes typically reach agreements in 8 out of 10 cases; by the same percentage, parties keep their agreements. These resolution rates, consistent since the program's inception in 1990, demonstrate that the collaborative environment is an effective alternative to the adversarial courtroom environment.

Mediation is effective across a broad array of dispute types, including merchant/consumer, landlord/tenant, professional/client, and neighborhood disputes. Increasingly, parties are turning to CDRP centers for the resolution of more complex matters, including complaints arising under the Americans with Disabilities Act, contested adult guardianship matters, juveniles petitioned into probate court, EEOC complaints, and disputes between farmers and federal agencies. Several courts and centers are exploring mediating issues that citizens are attempting to resolve by obtaining a personal protection order. In many cases, a dispute may not meet the statutory requirements for a PPO (like non-violent neighborhood disputes), but nevertheless presents a problem which a CDRP center could help resolve.

The program's effectiveness was independently substantiated in a recently completed statewide evaluation. The report concluded that nearly all centers were operating within the community-based model created by the Legislature and had demonstrated their ability to mediate many dispute types. The report cautioned, however, that inadequate program funding remains the most significant challenge to the sustaining the CDRP initiative.

Although the CDRP centers are equipped to mediate disputes on a case-by-case basis, many people addressing community conflict recognize that long-term solutions involve training youth in conflict management skills. Many CDRP centers now offer assistance in creating student peer mediation programs in which students mediate among themselves. Many centers also provide training workshops for school staff and parents.

Another unique aspect of community mediation is that the mediators are all volunteers reflecting the diversity of their communities. The training standards for community mediators are among the highest in the nation. Michigan is also the only state which has implemented a training program for the trainers of mediators.

To reach the community mediation center nearest you, contact 800-8RESOLVE. To learn more about the statewide Community Dispute Resolution Program, contact the State Court Administrative Office at (517) 373-4839.

Benefits of mediation

Mediation is flexible:Mediation can be used to discuss creative and individualized solutions. In a mediation session, any issue the parties bring to the table (i.e., individual needs, interpersonal issues, etc.) can be discussed. The source of conflict can be identified and resolved, especially in cases of inaccurate or incomplete information, inappropriate or incompatible goals, ineffective or unacceptable methods for resolving disagreement, and/or antagonistic or other negative feelings. In court, only issues pertaining to legal matters are part of the discussion.

Participants control the outcome:In the mediation process, the people involved in the situation are the ones who create an agreement that works for them. In arbitration or in court, an agreement is imposed by an arbitrator or judge.

Mediation is forward-looking:It focuses on what the issues are now, how they can be resolved, and what can be done to avoid similar problems in the future. In court or in arbitration, the focus is on the past , i.e., who is at fault for the current situation.

Mediation can preserve relationships: When disputants will be interacting with one another in the future, mediation can help to build a framework for future interaction based upon mutual interests and needs rather than adversarial positions. Mediation is a "win/win" rather than a "win/lose" solution. In court, someone wins, someone loses.

Mediation is creative: The final agreement can be virtually anything the parties involved agree to so long as it is not at odds with the law.

Mediation is confidential: The parties can speak openly and directly to each other and to the issues, without the proceedings being a matter of public record.

The mediation process provides a non-threatening, informal procedure as an initial step in resolving conflicts. If a situation is resolved through mediation, it does not need to go any further. If mediation does not resolve the issue, or if the issue is not appropriate for mediation, the parties are free to pursue all of their legal remedies, such as suing in court. In a majority of disputes taken to mediation, however, parties reach an agreement which makes legal action unnecessary.

The American with Disabilities Act (ADA) and Mediation

Disabilities vary with each individual. It is these differences that make every ADA complaint unique. What may be an appropriate resolution of a complaint in one case may not be appropriate in another. Mediation can enable the parties to create an individualized solution that works for both parties.

When a dispute arises over how to meet the ADA requirements, the law recommends mediation as an alternative to court proceedings. [Section 513 of the Americans with Disabilities Act (42 U.S.C. 12212)]. Pursuing mediation does not prevent an individual from pursuing other formal remedies under the law. If mediation does not prove to be satisfactory, a person can still file a formal complaint with the proper agency or seek other legal remedies. The key concepts of the ADA include "reasonable accommodations" in employment (Title I), "reasonable modifications" of programs, policies and procedures (Titles II and III), "effective communications" (Titles II and III), "program accessibility" for physical facilities (Title II), and "readily achievable" barrier removal (Title III). These are all flexible concepts that invite the kind of creativity and individualized solutions offered by the mediation process.

Negotiations should not be over whether a business or organization needs to comply. Covered entities must comply with the ADA and may not discriminate. Rather, the negotiations should be over how best to comply given the situation at hand, the needs of the protected person, and the resources of the affected business or organization.

In addition to the special training the mediators receive on the ADA, there may be times when more technical information is necessary. The mediation centers can work closely with other professionals to serve as impartial experts. The impartial expert could be someone who does not act as an advocate during the mediation, but acts to provide information about the ADA to either party. The impartial expert may be called upon to help the parties explore technologies associated with a particular reasonable accommodation, or an aspect of readily achievable barrier removal, for example. This person could provide information before the actual mediation session takes place, and/or could participate in the mediation session in person in a neutral role.

Special Education Mediation

Disputes over the most appropriate education for a child with a disability are complex and emotional. Unfortunately, the formal processes most often used to resolve special education disputes usually add to the complexity and emotion of the situation. These adversarial processes can also damage the relationship between parents and school personnel, who must work together for the benefit of the child.

Time and money are also considerations. A due process hearing can take months or even years with appeals. According to the Michigan Department of Education, an average hearing lasts five months from initial request to final written decision and costs a school $30,000. In some cases, legal fees have caused total hearing costs to reach $100,000.

Mediation can resolve many of these disputes at a lower cost, in less time and in a manner that often promotes better working relationships between parties. Everyone benefits, including parents, schools and the child.

If you decide to retain a mediator in Connecticut and begin the mediation process, Contact our Connecticut Mediaton Lawyer now!

	Did You Know?
	Mediation may not be the most appropriate avenue for resolution in all cases. For example, it may not be appropriate in cases where: A definitive or authoritative resolution of the matter is required; The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made; Maintaining established policies that apply to many people is especially important; The matter significantly affects persons or groups who are not parties to the process; A full public record of the proceeding is important; or The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.