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Friend of the Court Mediator Questions

Based on information from Oakland and Wayne Counties, both on the web and on this
list, I'm concerned that some counties Friend of the Court systems aren't using
mediation properly.

These are some questions that I came up with regarding mediator qualifications and
requirements. If you have met with a mediator, you may wish to ask yourself these
questions.

I am not a lawyer and this is not legal advise.

Was the mediator an contractor? If not, and if the mediator was an employee of
the Friend of the Court, was the reason "if the service is not available from a
private source, or if the court can demonstrate that providing the service within
the friend of the court office is cost beneficial." If the latter, how did the
court demonstrate cost effectiveness? (Friend of the Court Act Section 13,
Paragraph 1)

Did you feel before beginning mediation that you could voluntarily refuse
mediation? (Friend of the Court Act Section 13, Paragraph 1)

During mediation, did you reach an agreement? (Friend of the Court Act Section
13, Paragraph 2)

Was a consent order made? By whom? If the mediator made the consent order, was
he or she a member of the state bar association (if known)? (Friend of the Court
Act Section 13, Paragraph 2)

If you did not reach an agreement, did the mediator make any communication, such
as "recommendation"? (Friend of the Court Act Section 13, Paragraph 3 -
"confidentiality" )

Qualifications. Did the mediator have the following qualifications, and if so


which? (Friend of the Court Act Section 13, Paragraph 4)
(i) license to engage in the practice of psychology or master's degree in
counseling, social work, or marriage and family counseling.
(ii) Not less than 5 years of experience in family counseling
(iii) A graduate degree in a behavioral science
(iv) Membership in the state bar of Michigan

Did the mediator show a "Knowledge of the court system of this state and the
procedures used in domestic relations matters"? (Friend of the Court Act Section
13, Paragraph 4)

Did the mediator show a "Knowledge of other resources in the community to which
the parties to a domestic relations matter can be referred for assistance"?
(Friend of the Court Act Section 13, Paragraph 4)

Did the mediator show a "Knowledge of child development, clinical issues relating
to children, the effects of divorce on children, and child custody research"?
(Friend of the Court Act Section 13, Paragraph 4)

If the mediator is an employee of the friend of the court, did you feel that the
mediator did NOT also "perform referee functions, investigation and recommendation
functions, or enforcement functions as to any domestic relations matter involving
that party"? (Friend of the Court Act Section 15)
If this matter involved custody, and if no agreement was reached during mediation,
was a "hearing ... held within 56 days after the final mediation session"?
(Michigan Court Rule 3.210, Paragraph C)

Did you feel that mediation was "a nonbinding process"? (Michigan Court Rule
3.216) If not, then why not?

Did you feel that the mediator was "a neutral third party"? If not, then why not?
(Michigan Court Rule 3.216)

Did you feel that the mediator "facilitate[d] communication between parties to
promote settlement"? If not, then why not? (Michigan Court Rule 3.216)

Did the mediator provide evaluative mediation only after you and the other party
specifically requested "evaluative mediation"? (Michigan Court Rule 3.216)

Where any of the parties subject to a personal protection order or were any
parties subject to a child abuse and neglect proceeding? If so, was a hearing
held "to determine whether mediation is appropriate."? (Michigan Court Rule
3.216, Paragraph C)

Were you allowed to object to a referral to mediation? If you did so object, was
a hearing held on the matter? (Michigan Court Rule 3.216, Paragraph D)

Did the judge appoint the mediator, or is the mediator assigned to the judge?
(Michigan Court Rule 3.216, Paragraph E)

Did the ADR clerk assign the mediator? Was the mediator not attached to a judge
or assigned by some other party? (Michigan Court Rule 3.216, Paragraph E)

Did you determine that the mediator should be disqualified, and if so, did the
mediator respect this? (Michigan Court Rule 3.216, Paragraph E)

Can any qualified person become a mediator? Are "Application forms ... available
in the office of the ADR clerk."? (Michigan Court Rule 3.216, Paragraph F)

Did the mediator request documentation such as income and assets? Did both
parties bring them? If any party didn't bring them, were they subject to sanction
by the court? (Michigan Court Rule 3.216, Paragraph H)

Were all parties allowed legal counsel? (Michigan Court Rule 3.216, Paragraph H)

Did "[t]he mediation ... continue until a settlement is reached, the mediator
determines that a settlement is not likely to be reached, the end of the first
mediation session, or until a time agreed to by the parties."? (Michigan Court
Rule 3.216, Paragraph H)

Did the mediator, "within 7 days of the completion of mediation, the mediator
shall so advise the court, stating only the date of completion of the process, who
participated in the mediation, whether settlement was reached,"? (Michigan Court
Rule 3.216, Paragraph H)

If a settlement was reached were "the terms of that settlement must be reduced to
a signed writing by the parties or acknowledged by the parties on an audio or
video recording."? (Michigan Court Rule 3.216, Paragraph H)

Were "Statements made during the mediation, including statements made in written
submissions, ... used in any other proceedings, including trial"? If so what?
(Michigan Court Rule 3.216, Paragraph H)

If both parties agreed to evaluative mediation, did the mediator create a written
proposed recommendation for both parties? If both parties did not agree in full,
did the mediator provide any communications to the court other than a statement
that an agreement wasn't reached? (Michigan Court Rule 3.216, Paragraph I)

Did the mediator act with "honesty, integrity, and impartiality?" If not,
describe such behavior.

If you answered "no" to any of these questions, then please consult with a lawyer.
If I were you, I would also look up the appropriate law at
http://www.legislature.mi.gov/ or the appropriate court rule
http://courtofappeals.mijud.net/rules/

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