The Michigan Mediation Plan for Cases Evaluated for an Amount Not to Exceed $25,000 is a process for resolving disputes without going to court. It is a voluntary, confidential process that uses a neutral third party, called a mediator, to help parties reach an agreement. The mediator does not decide the outcome, but instead helps the parties reach an agreement that is acceptable to both. The Michigan Mediation Plan for Cases Evaluated for an Amount Not to Exceed $25,000 includes two types of mediation: court-annexed mediation and private mediation. In court-annexed mediation, the court assigns a mediator to the case and pays for the mediation. The parties must agree to mediate and the court will order them to do so. The court-annexed mediator is usually a lawyer or a retired judge. In private mediation, the parties choose their mediator and pay for the mediation. The mediator is usually a lawyer, a retired judge, or someone trained in mediation. The parties can choose to mediate out of court or in court. In both court-annexed and private mediation, the mediator helps the parties identify their interests, explore possible solutions, and reach a settlement. The goal is to reach a resolution that is acceptable to both parties and that avoids the costs and delays of a trial.
Michigan Mediation Plan for Cases Evaluated for an Amount Not to Exceed $25,000
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FAQ
Mediation is a non-binding process. This means that while they're highly qualified with conflict resolution skills and legal knowledge, mediators don't have the power to make a final decision. That is ultimately left to the two arguing parties, who must voluntarily agree to a resolution.
Mediation outcomes The overall success rate of mediation remains very high, with an aggregate settlement rate of 92% which is not significantly different from our 2020 findings.
The Costs of Mediation The judge will likely order each party to each pay half of the cost. If the judge orders mediation but you can't afford it, you can ask the judge for a free or low-cost mediator.
Case evaluation is a form of alternative dispute resolution that is governed by Michigan Court Rule 2.403. The purpose of case evaluation is for a panel of independent lawyers to make an objective assessment of the monetary value of a lawsuit.
The process can be slow and lengthy, with most progress after lunch near the end of the day. The mediator will not pick a side, so expect to compromise, as most cases settle, from 80-92 percent by some estimates. After a settlement is reached, there's no way to know whether either side would have done better at trial.
Is Mediation Mandatory in Michigan? Unlike other states that require that spouses attend mediation before going to trial, there is no such requirement in Michigan. However, a judge may sometimes order that the spouses attempt to resolve their divorce through mediation before they go to court.
Mediation is different from other forms of dispute resolution in that the parties participate voluntarily, and the mediator has no authority to make a decision. The decision-making power rests in the hands of the parties.
They typically charge $150 to $300 an hour, and parents decide how to share the cost. You don't need a referral or an open case to use private mediation. If the court orders you to mediation, you may only use a private mediator if they're certified by the state in domestic relations dispute resolution.