Friday, March 30, 2018

Wayne County Probate Court and Community Dispute Resolution Center Work Together to Save Time, Money, and Family Relationships

By the Honorable Lawrence J. Paolucci, Wayne County Probate Court
and Bernard Dempsey, Executive Director of the Wayne Mediation Center



Many courts throughout Michigan have discovered that mediation is an efficient and effective way to manage their contested dockets.  Mediation has been shown to be an especially successful tool in resolving cases that involve ongoing relationships between the parties, as is generally the case in probate and family cases. 


One clear example of the proven success of mediation in saving a busy court and the parties valuable time and resources, as well as improved outcomes, can be found in the long-time collaboration between the Wayne County Probate Court and the Wayne County Dispute Resolution Center/Wayne Mediation Center (“Center”). 

Thanks to the leadership of the Wayne County Probate Court[1] and the collaboration they formed with the Center over 20 years ago, mediation has been a tried-and-true solution for resolving contested probate cases for hundreds of families in Wayne County.  In fact, in the last 11 years, an average of 52 contested cases have been resolved in mediation either fully or in part each year after being referred by the Wayne County Probate Court. 

Of these cases, slightly over one-third were child guardianship disputes, just under one-third were adult guardianship issues, and just over one-third were deceased estate issues.  Although every case sent to mediation has not been resolved successfully, more than 60 percent of those mediated ended in a written agreement on the day of mediation, and many more established an understanding and repaired communication lines sufficient to allow a settlement soon thereafter. 

Mediation is particularly well-suited for such probate disputes for a number of reasons. Wayne County Probate Court Chief Judge Milton L Mack, Jr., often said that probate is “the other family court,” where the parties are still family when the proceedings are over. Parties come to probate court often at the worst of times; when a loved one has recently died, become incapacitated or a child is left without close family in need of a guardian or conservator.

Mediation by an independent, neutral mediator is often essential to breaking through any underlying family dynamics or history and in reaching a fair and equitable result in ways a court often never can.  A settlement reached amid such private family matters after mediation is often more helpful and binding than any ordered resolution forced upon the parties by the court. 

A final essential reason for the success of mediation in probate cases is because resolving these disputes often requires that the parties work together to execute the steps that they will be tasked to undertake in the future.  

Once the underlying issues are effectively addressed in mediation, then critical steps toward building trust and better communication paths can be established, and the parties become capable of navigating the issues that previously led to their breakdown in communication and ability to work together. This makes it less likely that the parties will need to return to court to resolve a disagreement in the future.

For all of these important reasons, the more than 20-year collaboration between the Wayne County Probate Court and its local dispute resolution center has saved significant resources and provided better outcomes for many families in Wayne County.  Significantly, the success of this collaboration is not at all unique in Michigan, as similar impact has also been achieved in many other courts in partnership with their local community dispute resolution center. 

We highly recommend that any Court that has not yet discovered mediation contact their local dispute resolution center to learn how they can begin to save time, money, and relationships in their county.  Click here to find your nearest mediation center.




Lawrence J. Paolucci was appointed by Governor Rick Snyder to the Wayne County Probate Court on October 22, 2015.  Prior to his appointment to the bench, he served as the court attorney for the Wayne County Probate Court for 11 years.  Judge Paolucci graduated from Kenyon College (OH) with a BA in Political Science in 1988 and from the Detroit College of Law (MSU College of Law) in 1992. 







Bernard Dempsey has been the executive director of the Wayne Mediation Center since 2010.  Before becoming a mediator, Bern was a legal services lawyer and manager.  He has taught several law school clinics and classes.


[1] The Wayne County Probate Court is the largest Probate Court in Michigan handling nearly a third of all the probate filings in the State.