ADR and Mediation
Alternate Dispute Resolution
If you and the other parent have a dispute that you cannot resolve, you are encouraged to participate in alternative dispute resolution. Alternative dispute resolution places the responsibility for settling issues upon parties, without the direct involvement of the court.
Types of Alternative Dispute Resolution
Friend of the Court Domestic Relations Mediation:
By law, the FOC is required to offer formal mediation services whenever there is a dispute regarding custody or parenting time. Mediation provides parents with the opportunity to work with a neutral third party to resolve disputes regarding custody or parenting time. The Clare County Friend of the Court may contract with outside agencies or individuals to provide these services.
Participation in FOC domestic relations mediation of custody or parenting time disputes is voluntary and both parties must be willing to participate. If you reach an agreement, the mediator may put your agreement writing. You may review the agreement with your attorney, and if both parties agree, the agreement will be put in the form of a court order, signed by the judge, and entered with the court clerk.
Matters discussed during a formal mediation are confidential. An FOC employee who acts as a mediator in your case cannot share information about what happened during mediation, except for the signed agreement reached. In addition, an FOC employee who acts as a mediator in your case cannot enforce or investigate any issues regarding your case.
Court Rule Domestic Relations Mediation:
The Court may refer all domestic matters to mediation under MCR 3.216. This referral may occur when the parties agree to mediation, upon written motion of one of the parties, or upon the direction of the court. In these circumstances, all parties must attend the mediation sessions and may be accompanied by their attorneys. Any information shared with the mediator is considered privileged and the mediator may not disclose this information during any future court proceeding.
If an agreement is reached during domestic relations mediation, that agreement must be reduced to writing and signed by the parties and their attorneys. The parties must take necessary steps to have the mediation agreement entered as an order of the court. If no agreement is reached during domestic relations mediation, then the mediator must prepare a mediation summary report within 21 days and file it with the court. A domestic relations mediator may charge a reasonable fee, which is usually split equally between the parties.