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.
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.