Facilitative Mediation Process

The facilitative mediation process involves parties meeting to explore resolution of their dispute. The process is directed by a trained mediator whose job it is to “facilitate” the discussions; to explore either jointly or separately the strengths and weaknesses of the respective positions; and to help create a path that leads to a win/win solution.

Facilitative mediation offers parties several advantages to traditional litigation. It can save time and money. It can preserve relationships that might otherwise be harmed by bitter litigation. Even if it does not result in a complete resolution of the dispute, the mediation process can narrow the issues in contention. Mediation is confidential and cannot later become the basis for positions in litigation. These and other benefits explain why some large corporations now require their counsel to explore the potential for facilitative mediation and other ADR methods from the inception of the case.

Mediation is now available in every circuit court in the State of Michigan. Smith Haughey’s formally trained and experienced mediators are adept at the art of facilitating settlements, either from the perspective of a litigant, the role of facilitative mediator, or both. We can help you evaluate the desirability of facilitative mediation and other ADR methods, and represent your interest throughout the process.