Friday, July 20, 2018

SRL Divorce and On-Site Mediation: Easier Than You Think!

By Hon. Matthew J. Stewart, 35th Circuit Court, Shiawassee County


Cases with self-represented litigants (SRLs) present unique challenges for both courts and litigants. Recently, our court has expedited SRL divorces by offering on-site mediation.  I'm going to describe the system as it works in my office.  My family court bench mate, Hon. Thomas Dignan, also uses this system.  Since he's the expert on operations in his office, I'll stay in my own lane.

At the time of filing, a copy of the summons comes to my office for scheduling.  My staff sets every SRL divorce for a status conference.  At the conference, the parties meet with a domestic relations mediator who is paid through the family counseling services fund.

In a typical month, a mediator is present for a full day (sometimes two, depending on the caseload).  My staff coordinates with the mediator's office to  schedule between five and 10 cases per day, usually every 30 minutes.  If the parties have minor children, we schedule 45 minutes.

The mediator reviews the file at the status conference and assists the parties with correcting any errors or omissions in their paperwork.  The majority of SRL divorces on my docket do not have any disputed issues; however, they frequently struggle with completing the paperwork.  Having someone to assist cuts down on the parties’ frustration and speeds up the case processing. 

If the parties have agreed upon a settlement, the mediator helps them fill out a judgment of divorce.  If the parties have not settled, the mediator works with them toward a resolution, and if they cannot reach an agreement at this meeting I might order the parties to traditional mediation pursuant to domestic relations mediation court rules (MCR 3.216).  If the parties are indigent, this is another good use of the family counseling services fund.

The Shiawassee County Friend of the Court keeps staff on standby to approve judgments.  I am available throughout the day to take proofs between other matters.  The mediator coordinates with my staff so we know which cases are ready for hearing.

Although this system cannot resolve all the SRL divorces on the calendar, I have found a typical day usually results in an 80 percent clearance rate.  For example, a mediator had six status conferences on one particular morning earlier this year.  All six conferences had a final hearing the same morning to take proofs in support of the divorce.  Each of these litigants were ultimately divorced less than 180 days after filing their complaint.  That's good for them and great for my caseload.

On that note, my experience shows that this system is a supplement, not a replacement, for normal case management.  A trial date is still scheduled for each case because some cases simply can not, or will not, settle.  Likewise, domestic violence between the parties might render mediation inappropriate.  A trial date ensures the parties get their day in court if mediation cannot resolve their disputes.

If there is one key to success for this system, it's having the right people.  You need skilled mediators who are committed to public service; court staff who are willing to work with the mediator and ensure cases get into the courtroom; and judges who can inject a little flexibility into their dockets.  I'm lucky that, at the 35th Circuit Court, we have all three.

On-site mediation has helped our court process SRL divorces in an expedited manner.  It's helped our litigants through this difficult time in their lives.  I hope it can help you, too.




Judge Stewart was elected in 2014 as circuit court judge for the 35th Circuit Court.  Since taking the bench in 2015, Judge Stewart has developed and implemented the Shiawassee County Drug/Sobriety Court and Swift & Sure Sanctions Probation Programs, and is presiding judge for both programs.  Judge Stewart is a board member of the Shiawassee Community Foundation and the Shiawassee County Substance Abuse Coalition.