FACILITATIVE MEDIATION

Mediation is a central part of Gerald F. Chefalo’s practice.

Since 2008, Mr. Chefalo has served as a court-approved mediator in Northern Michigan. He is included on court mediation rosters used for court-referred and privately retained dispute resolution, has handled a substantial annual mediation docket, including as many as 145 mediations, and, in 2020, was recognized as the 13th Circuit Court Mediator of the Year.

Attorneys regularly select Mr. Chefalo to serve as a neutral mediator in facilitative mediations involving family-law, domestic-relations, general civil, property, business, probate-related, and other disputes. Clients often come to this page after their lawyer has suggested Mr. Chefalo as a mediator and want to understand his role, experience, neutrality, and process.

Quick Answer: What Does a Mediator Do?

A mediator is a neutral third party who helps people and their attorneys discuss disputed issues, exchange information, evaluate risk, consider settlement options, and decide whether a voluntary agreement is possible.

The mediator does not represent either side. The mediator does not act as a judge. The mediator does not force anyone to settle. The parties retain control over whether an agreement is reached.

In facilitative mediation, the mediator helps structure the negotiation process, clarify issues, improve communication, and assist the parties in working toward their own resolution.

Experienced Court-Approved Mediator in Northern Michigan

Gerald F. Chefalo has served as a court-approved mediator since 2008. Numerous courts throughout Northern Michigan refer civil and domestic-relations cases to mediation as part of the pretrial settlement process, and Mr. Chefalo is included on court-approved mediation rosters for court-referred and privately retained dispute resolution.

In 2020, Mr. Chefalo was recognized as the 13th Circuit Court Mediator of the Year.

That experience matters. As both a practicing attorney and mediator, Mr. Chefalo understands the litigation process, the pressure parties face before trial, and the practical value of resolving disputes privately, efficiently, and with as much control as possible remaining in the parties’ hands.

His litigation background also helps him work with attorneys and parties who need a mediator capable of understanding legal risk, evidentiary problems, trial uncertainty, family dynamics, financial realities, insurance issues, parenting disputes, property issues, business concerns, and the practical reasons cases settle.

For Attorneys Referring a Case to Mediation

Gerald F. Chefalo accepts mediation referrals from attorneys, parties, and courts throughout Northern Michigan.

Referring attorneys may contact the office to discuss availability, scheduling, mediation format, fee structure, document submission, and whether the matter is appropriate for mediation.

Mr. Chefalo’s mediation practice is designed to be useful to litigators. He understands that attorneys need a mediator who will prepare, understand the record, identify the real barriers to settlement, manage difficult personalities, respect confidentiality, and help the parties evaluate risk without taking over the case.

Counsel may submit confidential mediation summaries, pleadings, prior orders, financial records, settlement positions, expert reports, custody or parenting-time proposals, property summaries, insurance information, business records, photographs, or other materials relevant to settlement.

Court-referred mediation and privately retained mediation both require preparation, neutrality, and a clear understanding of the issues. Whether the matter comes by court order, attorney referral, or private agreement, the goal is to provide a professional process that helps the parties evaluate settlement realistically and constructively.

If Your Lawyer Suggested Gerald Chefalo as Mediator

If your attorney suggested Gerald F. Chefalo as mediator, it likely means the case may benefit from a structured settlement process with an experienced neutral.

The mediator does not represent either side, does not decide who wins, and does not force a settlement. The mediator’s role is to help the parties and attorneys identify the issues, discuss risk, evaluate options, and determine whether a voluntary agreement is possible.

You should continue relying on your own lawyer for legal advice. The mediator remains neutral.

If you are not represented by an attorney, you should understand that the mediator still cannot give you individual legal advice or act as your lawyer. You may choose to consult your own attorney before, during, or after mediation.

What Is Facilitative Mediation?

Mr. Chefalo’s mediation work is primarily facilitative.

In facilitative mediation, the mediator helps guide the negotiation process. The mediator may help the parties identify issues, organize information, clarify positions, explore interests, improve communication, and consider settlement options.

The mediator does not decide the case or impose an outcome. The goal is to help the parties better understand the dispute, consider realistic options, and decide whether they can reach an agreement that works for them.

Facilitative mediation is often useful when the parties need help communicating, narrowing the dispute, understanding each other’s concerns, preserving a working relationship, or developing their own solution.

Evaluative Discussion When Appropriate

Some mediations also benefit from careful reality-testing.

In appropriate cases, attorneys and parties may want help evaluating litigation risk, likely legal arguments, evidentiary concerns, trial uncertainty, settlement value, or practical consequences. When appropriate, mediation may include evaluative discussion.

Even when evaluative discussion occurs, the mediator does not decide the case and the parties are not required to accept the mediator’s view. Many effective mediations include both facilitative and evaluative elements. The best approach depends on the dispute, the parties, the attorneys, and the goals of the mediation.

Civil and Domestic Relations Mediation Under Michigan Court Rules

Court-referred civil mediation in Michigan is generally governed by MCR 2.411. Domestic-relations mediation is governed by MCR 3.216. Mediation communications and confidentiality are addressed by MCR 2.412.

Those rules matter because mediation is not the same as trial. The mediator is neutral, the parties control whether settlement occurs, and mediation communications are generally treated differently from ordinary litigation communications.

The Michigan Judicial Institute Civil Proceedings Benchbook identifies mediation as part of Michigan’s trial-alternative framework and distinguishes general civil mediation from domestic-relations mediation. The court-rule structure helps determine how mediation is ordered, how mediators are selected, how confidentiality works, and what happens if an agreement is reached.

Mediation Formats and Scheduling

Mediation can be structured in different ways depending on the dispute, the parties, the attorneys, and safety or privacy concerns.

Some mediations involve joint sessions. Others use separate caucuses, where the mediator meets privately with each side. Some mediations are conducted in person, some remotely, and some through a hybrid format.

Many mediations can be conducted remotely by Zoom when appropriate. Mr. Chefalo regularly handles remote and hybrid mediations and is comfortable managing separate caucus rooms, attorney-client discussions, document review, and multi-party settlement discussions in a virtual format. Remote mediation can be especially useful when parties, attorneys, insurers, experts, or decision-makers are located in different places or when travel, weather, scheduling, privacy, or safety concerns make in-person mediation less practical.

The format should fit the case. The goal is to create a process that allows meaningful discussion, protects confidentiality, and gives the parties a fair opportunity to evaluate settlement.

Attorneys may contact the office regarding available dates, fee structure, document submission, mediation summaries, and whether a pre-mediation conference would be useful.

Preparing for Mediation

Mediation is more effective when the parties and attorneys are prepared.

Depending on the case, helpful materials may include:

• Pleadings
• Prior court orders
• Financial records
• Custody or parenting-time proposals
• Child-support or spousal-support information
• Property summaries
• Debt summaries
• Settlement offers
• Expert reports
• Insurance information
• Photographs
• Business records
• Real estate information
• Retirement or investment information
• Probate or estate-related documents
• A short confidential mediation summary

The mediator may request documents in advance so the session can focus on problem-solving rather than basic information gathering.

Parties should come prepared to discuss the issues honestly, evaluate risk, consider practical solutions, and listen carefully to the concerns that may be preventing settlement.