Michigan
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Michigan. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Michigan can be found in RSI’s Research Library and in Reports below.
State Legislation
- Michigan Community Dispute Resolution Act
- Michigan Friend of the Court Act
- Michigan Revised Judicature Act of 1961, Chapter 49: Medical Malpractice Mediation
- Michigan Revised Judicature Act of 1961, Chapter 50B: Domestic Relations Arbitration
- Michigan Child Custody Act of 1970, Section 722.27b: Order for grandparenting time
Statewide Court ADR Rules and Policies
- Michigan Court Rule 2.401 - Pretrial Procedures; Conferences; Scheduling Orders
- Michigan Court Rule 2.403: Case Evaluation
- Michigan Court Rule 2.404 - Selection of Case Evaluation Panels
- Michigan Court Rule 2.410 - Alternative Dispute Resolution
- Michigan Court Rule 2.411 - Mediation
- Michigan Court Rule 2.412 Mediation Communications; Confidentiality and Disclosure
- Michigan Court Rule 3.216 - Domestic Relations Mediation
- Michigan Court Rule 3.970 - Child Protection Mediation
- Michigan Court Rule 5.143 - Alternative Dispute Resolution
State Office of Court ADR:
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Michigan Friend of the Court Act
Michigan Legislature. Mar. 1, 2015Resource Type: Legislation
Abstract: While not making mediation mandatory, this section requires the court to provide domestic relations mediation services to those parties who are interested in using it. The section also addresses mediation confidentiality, as well as mediator qualific...
Michigan Revised Judicature Act of 1961, Chapter 50B: Domestic Relations Arbitration
Michigan Legislature. Jul. 1, 2013Resource Type: Legislation
Abstract: "This chapter provides for and governs arbitration in domestic relations matters." It lists the types of disputes that may be arbitrated, and identifies certain cases, such as those involving domestic abuse, in which the court may not order arbitrati...
Michigan Child Custody Act of 1970, Section 722.27b: Order for grandparenting time
Michigan Legislature. Jan. 8, 2010Resource Type: Legislation
Abstract: If the court finds that a grandparent's petition for a grandparenting time order has met certain qualification, this section directs the court to refer the case to the friend of the court mediation service. If no mediation settlement has been reached...
Michigan Community Dispute Resolution Act
Michigan Legislature. Dec. 28, 1993Resource Type: Legislation
Abstract: This act creates the Community Dispute Resolution Program to provide conciliation, mediation or other alternative dispute resolution services through community dispute resolution centers. Courts may refer civil cases to community dispute resolution c...
Michigan Revised Judicature Act of 1961, Chapter 49: Medical Malpractice Mediation
Michigan Legislature. Oct. 1, 1986Resource Type: Legislation
Abstract: This chapter requires the court to refer all medical malpractice cases to mediation panels. These 5-person panels make a judgment on the case, which the parties may accept or reject. If the judgment is not accepted unanimously, the case proceeds to t...
Rules
Michigan Court Rule 3.970 - Child Protection Mediation
Michigan Supreme Court. Apr. 1, 2019Resource Type: Rules - Court
Abstract: This rule establishes mandatory standards of practice for court-connected child protection mediation services. The rule details what must be included in an order for mediation, cases exempt from mediation, selecting a mediator, and scheduling the med...
Michigan Court Rule 5.143 - Alternative Dispute Resolution
Supreme Court of Michigan. Apr. 1, 2019Resource Type: Rules - Court
Abstract: The court may submit any contested probate proceeding to mediation, case evaluation, or other alternative dispute resolution process. ...
Michigan Court Rule 3.216 - Domestic Relations Mediation
Supreme Court of Michigan. Apr. 1, 2019Resource Type: Rules - Court
Abstract: Under this rule, the court may refer any contested issue in a domestic relations case to mediation, either on stipulation or motion of one or more parties or on its own initiative, though parties may file motions to remove cases from mediation. The r...
Michigan Court Rule 2.410 - Alternative Dispute Resolution
Supreme Court of Michigan. Jan. 25, 2019Resource Type: Rules - Court
Abstract: Under this rule, all civil cases are subject to alternative dispute resolution and may be submitted by court order at any time, after consultation with the parties, though parties may object to this order. The rule outlines procedures and requirement...
Michigan Court Rule 2.411 - Mediation
Supreme Court of Michigan. Jan. 25, 2019Resource Type: Rules - Court
Abstract: This rule applies to civil cases referred to mediation under Rule 2.410. The rule outlines procedures for the selection of a mediator, as well as for disqualification and for applying to join the court's list of approved mediators. Procedures are als...
Michigan Court Rule 2.404 - Selection of Case Evaluation Panels
Supreme Court of Michigan. Jan. 25, 2019Resource Type: Rules - Court
Abstract: Under this rule, a trial court which submits cases to case evaluation shall adopt a plan to maintain a list of persons available to serve as case evaluators and to assign case evaluators from the list to panels. The rule outlines the necessary qualif...
Michigan Court Rule 2.401 - Pretrial Procedures; Conferences; Scheduling Orders
Supreme Court of Michigan. Jan. 25, 2019Resource Type: Rules - Court
Abstract: Under this rule, at any time after the commencement of an action, on its own initiative or the request of a party, the court may direct the parties and/or attorneys to appear for an early scheduling conference or pretrial conference. At this conferen...
Michigan Court Rule 2.412 - Mediation Communications; Confidentiality and Disclosure
Supreme Court of Michigan. Jan. 25, 2019Resource Type: Rules - Court
Abstract: This rule applies to civil and domestic relations cases referred to mediation under Court Rules 2.410 and 3.216. Under this rule, all mediation communications are confidential, not subject to discovery and inadmissible as evidence. Mediation communic...
Reports
Child Protection Mediation in Michigan 2019
Kierkus, Christopher A. and Brian R. Johnson. Jan. 1, 2019Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: This study examines child protection mediation (CPM) at five centers in Michigan (Gaylord, Jackson, Marquette, Petoskey, and Traverse City). The study focuses on descriptive statistics, participant and stakeholder perspectives, and time to permanency...
Case Evaluation and Mediation in Michigan Circuit Courts: A Follow-up Study
Michigan Supreme Court; Courtland Consulting. May. 1, 2108Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: In 2011, an evaluation of Michigan’s court-connected case evaluation and mediation programs found that both case evaluation and mediation increased the probability of settlement, but that case evaluation significantly increased time to disposition. T...
Michigan Office of Dispute Resolution Annual Reports 2016-2017
Michigan Office of Dispute Resolution. Jan. 1, 2017Resource Type: Report
Abstract: These are summary reports published by the Michigan Office of Dispute Resolution. The court's Annual Reports outline the services, statistics and developments for Michigan Community Dispute Resolution Programs (CDRP). Since 1990, the CDRP has functio...
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
The Effectiveness of Case Evaluation and Mediation in Michigan Circuit Courts
Campbell, Teresa G.; Pizzuti, Sharon L.. Oct. 31, 2011Resource Type: Evaluation
Abstract: The Michigan Office of Dispute Resolution recently released a study that showed the use of case evaluation and mediation for civil cases in the state's circuit courts led to higher settlement rates than when neither process was used. Among the study'...
Foreclosure Mediation in Depth: Articulated Purposes and Objectives for Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jul. 1, 2011Resource Type: Report
Abstract: This report lists the stated purposes behind the creation of foreclosure mediation programs in 26 states. Program goals include ensuring communication, improving efficiency and timeliness, assisting borrowers, and stabilizing communities. Heather S....
Mediation After Case Evaluation: A Caseflow Study of Mediating Cases Evaluated under $25,000
Hilliker, Michelle. Feb. 1, 2011Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: In an attempt to assist litigants in reaching earlier resolution of their disputes, the Michigan courts instituted a pilot mediation program for civil cases that had gone through a case evaluation, in which a panel of attorneys hears a brief presenta...
Mediation Confidentiality and Standards of Conduct Committee Report to the Michigan Supreme Court
Michigan Mediation Confidentiality and Standards of Conduct Committee . Aug. 1, 2010Resource Type: Report
Abstract: This report was produced by a 26-member Mediation Confidentiality and Standards of Conduct Committee established by the Michigan Supreme Court in 2008. The Committee proposes a new mediation confidentiality rule for general civil and domestic relatio...
Statewide Mediator Roster Committee: Report to the Michigan Supreme Court
Michigan Supreme Court State Court Administrative Office. Jul. 10, 2001Resource Type: Report
Abstract: Mediators in Michigan are required to submit applications for each court in which they wish to work, and in response to frustrations arising from this system, the Michigan State Court Administrative Office (SCAO) appointed a committee to research the...
Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale
Cohen, Alon; Jakabovics, Andrew. Jun. 1, 2010Resource Type: Report
Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...
Proposal for Revising Michigan's Standards of Conduct for Mediators: Report to the State Court Administrator
Standards of Conduct Subcommittee of the Mediator Confidentiality and Standards of Conduct Committee. Jun. 10, 2001Resource Type: Report
Abstract: This report was produced by the Standards of Conduct Subcommittee of the Mediator Confidentiality and Standards of Conduct Committee, which was established by the Michigan Supreme Court in 2008. The report proposes amendments to the Standards, addres...
An Analysis of Diversity Trainings in United States Community Mediation Centers
Warren, Naomi. Sep. 1, 2009Resource Type: Study
Abstract: In 2009, the Dispute Resolution Center in Ann Arbor, Michigan conducted a study in cooperation with the State Court Administrative Office of Michigan to analyze "diversity trainings at community mediation centers across the country" (p.2). The study ...
Dispute Resolution Rules Committee Report to the Supreme Court
Michigan Dispute Resolution Rules Committee. Jul. 8, 2001Resource Type: Report
Abstract: The Dispute Resolution Rules Committee was established by the State Court Administrative Office in 2007 in order to recommend amendments for Michigan Court Rules 2.403-2.404 (case evaluation) and 2.410-2.411(mediation). The report outlines the Commit...
Exemplary Family Court Programs and Practices: Profiles of Innovative and Accountable Court-Connected Programs
AFCC Court Services Task Force Exemplary Practices Sub-Committee. May. 1, 2005Resource Type: Report
Abstract: This report provides information on court programs found to represent the best practices of the courts. Programs in the report include collaborative divorce, child protection mediation, permanency planning mediation, and mediation for cases involving...
District Court, Small Claims Division Mediation in Michigan: Comparing Collection Rates in Adjudicated and Mediated Cases
Donohue, William A.; Atkin, Charles K.. Aug. 2, 2004Resource Type: Study
Abstract: This study was conducted to determine if collection rates differ between mediated and adjudicated small claims cases in Michigan district courts. The study surveyed 600 small claims plaintiffs and found that 79 percent of cases resolved through media...
Permanency Planning Mediation Pilot Program - Evaluation Final Report
Anderson, Gary R.; Whalen, Peg. Jun. 4, 2001Resource Type: Report
Resource Type: Mediation Efficacy Study
Abstract: This report evaluates the Permanency Planning Mediation Pilot Program in Michigan by asking (and answering) eight questions related to process length, participant perceptions of the process, compliance, outcomes, relationships perception of referral ...
Michigan Supreme Court Dispute Resolution Task Force Report to the Michigan Supreme Court - Addendum Report
Michigan Supreme Court Dispute Resolution Task Force. Jan. 1, 2000Resource Type: Report
Abstract: A 1999 report by the Michigan Supreme Court Dispute Resolution Task Force provided recommendations for the continued development of ADR processes in Michigan trial courts. This addendum report responds to court comments regarding rule proposals made ...
Michigan Supreme Court Dispute Resolution Task Force Report to the Michigan Supreme Court
Michigan Supreme Court Dispute Resolution Task Force. Jan. 1, 1999Resource Type: Report
Abstract: This report provides recommendations for the continued development of ADR processes in Michigan trial courts. It includes recommendations for integrating DR processes in the trial courts and for new and amended court rules, guidelines, standards and ...
The Required Submission of an ADR Joint Settlement Plan in Civil Cases in the Berrien County, Michigan Trial Court: An Evaluation of Its Impact on Case Disposition Time
Deja, Daniel R.. Ohio State Journal on Dispute Resolution, Jan. 1, 1999Resource Type: Evaluation
Abstract: Berrien County was one of six Michigan demonstration projects established to test court consolidation (combining circuit, probate and district into one trial court with three divisions - civil, family, and criminal). The author reviews evaluations o...
An Evaluation of Michigan's Community Dispute Resolution Program
Mika, Harry. Jan. 1, 1997Resource Type: Report
Abstract: This four-volume report includes an Executive Summary; Detailed Findings, Recommendations, and Appendices; a Methodology for Multi-Site Program Evaluation; and an Appraisal of the Evaluation and Implementation Phases. The program deals mainly with la...
Two Types of Juvenile Restitution Programs in Two Midwestern Counties: A Comparative Study
Roy, Sudipto. Federal Probation, Dec. 1, 1993Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: This article outlines the findings from a study of two very different juvenile restitution programs: a post-adjudication victim-offender mediation program in Elkhart, Indiana, and a pre-adjudication diversion program in Kalamazoo, Michigan. The study...
Alternative Dispute Resolution Programs in Ohio, Michigan and Illinois
Shaw, Margaret; Keating, J. Michael Jr.. Jan. 1, 1990Resource Type: Study
Abstract: The purpose of this book is to examine and compare existing court-related ADR programs in the states of Illinois, Michigan and Ohio. The data for the study was conducted by a survey questionnaire that was administered in 1988 and 1989. The survey was...
Contacts
State Bar of Michigan ADR Section
Resource Type: Organization
Abstract: The ADR Section "provides education, information and analysis about issues of concern through meetings seminars, this site, public service programs and publication of a newsletter." The web site features information about section leadership, members...