By James Windell
Phillip J. Green, the U.S. Magistrate Judge assigned to the Pat Carlotto case, has signed an order appointing a mediator in the case.
Carlotto, a 25-year veteran of the South Haven Police Department, was passed over for police chief after serving as interim police chief on two occasions in 2024 and 2025. Sgt. Adam DeBoer was appointed interim chief near the end of April 2025 and was in that position until being promoted to Chief in November, 2025.
In a lawsuit that Carlotto filed in November, 2025, after DeBoer was named chief, he states that he had qualifications, credentials, and experience that far exceeded those of the persons the City ended up hiring as its chief of police and that the reason he was not selected as Chief of the South Haven Police Department was because of retaliation and discriminatory treatment.
This month the matter has been referred to facilitative mediation, to be conducted in accordance with the Voluntary Facilitative Mediation Program as adopted by the U.S. District Court Western District of Michigan. In an order signed by Magistrate Green, both sides have selected Kathleen L. Bogas to serve as mediator. The order states that Bogas has specialized in employment law for over 30 years and has successfully mediated scores of employment cases, including many cases that were pending in the U.S. District Court for the Western District of Michigan.
According to Green’s order, the initial facilitative mediation session will take place on or before August 31, 2026, and Bogas has the discretion to schedule additional sessions as necessary to facilitate resolution of this dispute. Prior to the scheduled mediation session, each party is to provide the Mediator with a concise memorandum setting forth that party’s position concerning the issues to be resolved through mediation, including issues relative to both liability and damages.
The Voluntary Facilitative Mediation (VFM) Program in the U.S. District Court for the Western District of Michigan is a structured, court‑approved alternative dispute resolution process designed to help parties settle civil cases through guided negotiation rather than litigation. It is described as a confidential, nonbinding dispute‑resolution process in which the mediator helps the parties negotiate by facilitating communication, helping identify issues, exploring settlement options, and guiding parties toward mutually acceptable resolutions. The mediator does not decide the case, make findings, or impose outcomes. However, a hallmark of VFM is said to be its ability to expand settlement discussions beyond strict legal issues, allowing creative solutions that might not be available through litigation.
Kathleen L. Bogas is a nationally recognized employment, civil rights, and personal injury trial attorney based in Bingham Farms, Michigan. She has consistently ranked among the top attorneys in Michigan and is widely regarded as a pioneer in employment litigation. She earned her J.D. degree from the University of Detroit Mercy School of Law in 1975, and the same year she was licensed to practice in Michigan. She has served as President of the National Employment Lawyers Association, the Michigan Trial Lawyers Association, and the Michigan Chapter of the American Board of Trial Advocates. She is a Fellow of the American College of Trial Lawyers, a Fellow of the College of Labor and Employment Lawyers, and has been awarded both the Champion of Justice Award by the State Bar of Michigan and the Distinguished Service Award given out by the State Bar of Michigan Labor & Employment Law Section.
