Third Judicial Circuit Court of Michigan
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Page & Word Limits1 rule
The mediator may require each party to submit a brief summary not to exceed 40 pages inclusive of summary and exhibits outlining the disputed facts and issues in the case.
- Brief summary
- Up to 40 pages per party
Document Filing Requirements26 rules
An ADR referral order must provide for selection of the provider, timing, and payment, and may require attendance.
Court's wording
At any time, after consultation with or by stipulation of the parties, as determined by the applicable court rule, the Court may order the submission of a case to an appropriate ADR process. More than one such order may be entered in a case. Unless the specific rule under which the case is referred provides otherwise, in addition to other provisions the Court considers appropriate, the order shall (a) specify or make provision for selection of the ADR provider; (b) provide time limits for initiation and completion of the ADR process; and (c) make provision for the payment of the ADR provider. The order may require attendance at ADR proceedings as provided below.
The fee-demand letter must state the amount owed, demand payment within 14 days of its date, and advise that collection proceedings may follow if unpaid.
Court's wording
If the ADR Clerk's examination reflects that such fees are still outstanding in a particular case, the ADR Clerk or designee shall promptly send by first class mail or e-mail to the affected counsel, or a party in pro per, (collectively, the person) a letter or e-mail (the letter) setting forth the fees owed by the person and demand for payment within fourteen days of the date of the letter. The letter shall advise that if the outstanding fees are not paid within the fourteen days, proceedings for collection of the same may be instituted before the Chief Judge of the Court.
The fee-collection complaint must be assigned to the Chief Judge, bear the specified title, and seek an order to show cause directed to those with unpaid fees.
Court's wording
From time to time, but not less than once each year, the Mediation Tribunal Association shall file a new complaint assigned to the Chief Judge entitled, In the Matter of the Petition of the Mediation Tribunal Association for the Collection of Case Evaluation Fees, Circuit Court Case No. _______PZ, seeking an Order to Show Cause Why a Judgment Should Not Enter (the Order) to attorneys and/or parties (the affected person) who have not paid case evaluation fees under MCR 2.403(H) and (I)
The order must require the affected person to appear before the Chief Judge no earlier than 14 days after mailing and show cause why judgment should not be entered.
Court's wording
requiring the affected person to appear before the Chief Judge, not less than 14 days after the mailing of the Order, and show cause why a money judgment should not be entered against an affected person in the amount of the outstanding case evaluation fees and any court costs incurred.
They must give the Court notice of this submission by using an ADR notification form.
Any objections and requests for hearings shall be made by motion pursuant to MCR 2.119.
A mediation referral order must specify the mediation terms, including the objection deadline, mediator-selection period, fee apportionment, completion deadlines, and other ordered terms such as attendance or sanctions.
Court's wording
After consultation, the Court may issue an order of referral. The order must specify the terms of the mediation including: 1. The date by which any objection to the referral and request for hearing must be filed. 2. The time within which the parties may select a mediator. 3. The apportionment of fees. 4. Any deadlines imposed by the Court for completion of the mediation. 5. Any other court order regarding such issues as who must attend the mediation, possible sanctions for failure to comply with court orders, etc.
The mediator's report of the disposition reached through mediation must be filed with the Court and is not considered confidential.
All parties to the mediation proceeding will be required to sign a confidentiality statement.
Parties agreeing to mediation must file a stipulation and order identifying the mediator and mediation date within 10 days of their agreement.
Court's wording
Parties stipulating to mediation must notify the Court and the ADR Clerk by filing the stipulation and order to mediate the case, containing the name of the mediator selected and the date of the mediation, within 10 days after reaching an agreement to mediate the case.
Applicants may appeal a denial of appointment by submitting a written appeal to the ADR Clerk within twenty-one (21) days from the notice declining their appointment.
If the matter is settled through mediation, the attorneys will prepare and submit appropriate documents to the assigned judge within 21 days of settlement, to conclude the case.
Applications for placement on the court-approved list of mediators must be submitted to the MTA and reviewed by the MTA Neutral Selection Committee.
Within 7 days after the conclusion of the mediation, the mediator must submit a report to the MTA stating: (1) the date the process was completed; (2) the names of the participants; (3) whether settlement was reached; and (4) whether further proceedings are contemplated.
If a settlement is reached because of the mediation, to be binding, the terms of that settlement must be reduced to a writing signed by the parties or acknowledged by the parties on an audio or video recording.
Within 7 days of the completion of mediation, the mediator shall so advise the court, stating only the date of completion of the process, who participated in the mediation, whether settlement was reached, and whether further ADR proceedings are contemplated.
At the end of mediation, the mediator must deliver a completed status or failure-to-appear report to the judge, limited to the specified participation and case-status information.
Court's wording
At the conclusion of the mediation, the mediator shall deliver a copy of the completed mediation status report or failure to appear report to the Judge. The mediation report shall indicate only whether the attorneys and parties participated in the mediation, the date of completion of the process, whether the case was resolved, or whether further proceedings are contemplated.
The mediator may require each party to submit a brief summary not to exceed 40 pages inclusive of summary and exhibits outlining the disputed facts and issues in the case.
The MTA must provide an annual ADR report containing the specified usage statistics and other information specified by the Court.
Court's wording
The MTA will provide an annual report to the Chief Judge and Executive Court Administrator. The report will summarize the use of ADR processes in the Court. It shall contain statistics including the number of times each court designated mediator is utilized, the number of cases in which the parties did not stipulate to their own mediator, the results of the Court's <$25,000 mediation program, and other information specified by the Court.
b. In addition, when a judgment obtained under this rule is secured against an attorney, the MTA may file a lien in a civil action against any attorney fee prospectively payable to the attorney, by filing a notice of lien with the Clerk of the Court and by giving notice of the same to the parties to the action.
At any time, on written stipulation of the parties, on written motion of a party, or on the Court's initiative, the Court may submit to mediation by written order any contested issue in a domestic relations case, including post-judgment matters.
An applicant seeking reconsideration of a rejection must submit a written appeal to the ADR Clerk.
Court's wording
Within 21 days of notification of the decision to reject an application, the applicant must seek reconsideration of the Domestic Relations Mediation Review Committee's decision by submitting a written appeal to the ADR Clerk.
The applicant must indicate on the form whether he/she is willing to offer evaluative mediation, and the applicant's hourly rate for providing mediation services.
A mediator application form includes certifications concerning qualifications, nondiscrimination, and compliance with applicable ADR requirements.
Court's wording
The form includes a certification that the applicant (1) meets the requirements for service under the Court's selection plan; (2) will not discriminate against parties or attorneys on the basis of race, ethnic origin, gender, or other protected personal characteristic; and (3) will comply with the Court's ADR plan, orders of the Court regarding cases submitted to mediation, and the standards of conduct adopted by the State Court Administrator under MCR 3.216(K).
A mediator may require that no later than 3 business days before the mediation session, each party submit to the mediator, and serve on the opposing party, a mediation summary that provides the following information, where relevant: (1) the facts and circumstances of the case; (2) the issues in dispute; (3) a description of the marital assets and their estimated value, where such information is appropriate and reasonably ascertainable; (4) the income and expenses of the parties; (5) a proposed settlement; and (6) such documentary evidence as may be available to substantiate information contained in the summary.
The mediator must report completion to the Court within seven days, stating only the specified information, but may delay the report until a mediation evaluation is complete.
Court's wording
Within 7 days of the completion of mediation, the mediator will advise the Court that mediation has been completed, stating only the date of completion of the process, who participated in the mediation, whether settlement was reached, and whether further ADR proceedings are contemplated. If a mediation evaluation will be made (see below), the mediator may delay reporting to the Court until completion of the evaluation process.
Filing & Service rules
Electronic Filing Rules
All Business Court cases are subject to e-filing.
Consistent with Supreme Court Administrative Order 2011-01 (as amended), all Business Court cases shall be subject to eFiling.
Civil cases
Page 2 | 6. Technology
Filing Timing and Cure Windows
If the case settles, the parties must submit a stipulated closing order or judgment by the earlier of 21 days after mediation or the trial date.
If the case settled, the parties shall submit a stipulated order or judgment closing the case within twenty-one (21) days of the mediation or on or prior to the trial date, whichever comes first.
Civil cases
Page 4 | 10. Reports and Further Proceedings
The Mediation Tribunal Association must file a new fee-collection complaint at least once each year.
From time to time, but not less than once each year, the Mediation Tribunal Association shall file a new complaint assigned to the Chief Judge entitled, In the Matter of the Petition of the Mediation Tribunal Association for the Collection of Case Evaluation Fees, Circuit Court Case No. _______PZ, seeking an Order to Show Cause Why a Judgment Should Not Enter (the Order) to attorneys and/or parties (the affected person) who have not paid case evaluation fees under MCR 2.403(H) and (I) requiring the affected person to appear before the Chief Judge, not less than 14 days after the mailing of the Order, and show cause why a money judgment should not be entered against an affected person in the amount of the outstanding case evaluation fees and any court costs incurred.
Page 4 | Collection of Outstanding Case Evaluation Fees — 2. Court Proceedings
Parties must file the mediation stipulation and order within 10 days after agreeing to mediate.
Parties stipulating to mediation must notify the Court and the ADR Clerk by filing the stipulation and order to mediate the case, containing the name of the mediator selected and the date of the mediation, within 10 days after reaching an agreement to mediate the case.
Page 7 | Scheduling the Mediation
A party may move to set aside or modify an ADR referral order within 14 days after its entry.
Within 14 days after entry of an order referring a case to an ADR process, a party may move to set aside or modify the order.
Page 7 | Objections to ADR.
Court-ordered mediation must take place within the time specified in the order.
If the Court orders mediation, the mediation proceeding must take place within the time specified in the court order.
Page 7 | Scheduling the Mediation
A motion objecting to an ADR referral will be set for hearing within 14 days after filing, unless the Court orders otherwise.
The motion will be set for hearing within 14 days after it is filed unless the Court orders otherwise.
Page 7 | Objections to ADR.
A timely motion objecting to an ADR referral must be decided before the case enters the ADR process.
A timely motion must be decided before the case is submitted to the ADR process.
Page 7 | Objections to ADR.
The mediator must submit a report to the MTA within 7 days after mediation concludes.
Within 7 days after the conclusion of the mediation, the mediator must submit a report to the MTA stating: (1) the date the process was completed; (2) the names of the participants; (3) whether settlement was reached; and (4) whether further proceedings are contemplated.
Page 8 | Mediation Report
An applicant may appeal a denial of appointment by submitting a written appeal to the ADR Clerk within 21 days after the denial notice.
Applicants may appeal a denial of appointment by submitting a written appeal to the ADR Clerk within twenty-one (21) days from the notice declining their appointment.
Page 8 | Mediator Qualifications
If mediation results in settlement, the attorneys must submit documents to conclude the case to the assigned judge within 21 days of settlement.
If the matter is settled through mediation, the attorneys will prepare and submit appropriate documents to the assigned judge within 21 days of settlement, to conclude the case.
Page 8 | Mediation Report
Appeals from the decisions of the Presiding Judge of the Civil Division may be made to the Chief Judge by mailing an appeal to the ADR Clerk within twenty-one (21) days from the notice declining appointment.
Appeals from the decisions of the Presiding Judge of the Civil Division may be made to the Chief Judge by mailing an appeal to the ADR Clerk within twenty-one (21) days from the notice declining appointment.
Page 9 | Removal from List
The mediator must advise the court within 7 days after mediation ends and provide only the specified process and outcome information.
Within 7 days of the completion of mediation, the mediator shall so advise the court, stating only the date of completion of the process, who participated in the mediation, whether settlement was reached, and whether further ADR proceedings are contemplated.
Page 11
A party may move to set aside or modify a mediation referral order within 14 days after its entry.
Within 14 days after entry of an order referring a case to mediation, a party may move to set aside or modify the order.
Page 13 | Objections to Referral to Mediation
A timely motion objecting to mediation must be decided before the case is submitted to mediation.
A timely motion must be decided before the case is submitted to mediation.
Page 13 | Objections to Referral to Mediation
An applicant must seek reconsideration of a rejection by submitting a written appeal to the ADR Clerk within 21 days of notification.
Within 21 days of notification of the decision to reject an application, the applicant must seek reconsideration of the Domestic Relations Mediation Review Committee's decision by submitting a written appeal to the ADR Clerk.
Page 14 | List of Mediators — Rejection; Reconsideration
A mediator must seek reconsideration of a removal decision within 21 days of notification.
Within 21 days of notification of the decision to remove a mediator from the list, the mediator must seek reconsideration of the ADR Clerk's decision by the Presiding Judge of the Family Division.
Page 15 | Removal from List
Parties may object to the designated mediator and stipulate to an alternate within 14 days of the mediation order.
The parties may, within fourteen (14) days of the date of the Order for Mediation, object to the appointment of the designated mediator and stipulate to the appointment of an alternate mediator.
Civil cases
Page 1 | 2. List of Mediators
Parties may stipulate in writing to an alternate mediator within 14 days of the mediation order.
Within fourteen (14) days of the date of the order, the parties may stipulate in writing to an alternate mediator subject to the other terms of the Court's Order for Mediation.
Civil cases
Page 2 | 3. Assignment
Parties may present a stipulated order to amend the pleadings and transfer the case within 14 days of the mediation order.
In the alternative, within fourteen (14) days of the date of the order, the parties may present a stipulated order to amend the pleadings to state that the damages do not exceed $25,000 and to the transfer of the case to the appropriate district court pursuant to MCR 2.227 and Administrative Order 1998-1.
Civil cases
Page 2 | 3. Assignment
The ADR Clerk must notify the applicant in writing of the MTA Board's decision within 14 days of the vote.
The ADR Clerk will notify the applicant of the MTA Board's decision in writing within fourteen (14) days of the vote.
Page 14 | List of Mediators — Rejection; Reconsideration
The mediator must advise the Court that mediation is complete within seven days, unless a mediation evaluation is being made, in which case reporting may be delayed until the evaluation is complete.
Within 7 days of the completion of mediation, the mediator will advise the Court that mediation has been completed, stating only the date of completion of the process, who participated in the mediation, whether settlement was reached, and whether further ADR proceedings are contemplated. If a mediation evaluation will be made (see below), the mediator may delay reporting to the Court until completion of the evaluation process.
Page 16 | Mediation Procedure
Service and Proof of Service Rules
The Court must electronically serve the Order for Mediation on the parties unless a party has been excused from eFiling.
Unless a party has been excused from eFiling, the Court shall serve the Order for Mediation on the parties electronically.
Civil cases
Page 2 | 3. Assignment
The ADR Clerk must serve the order and amount-owing certification by first-class mail and file a certificate of mailing with the court clerk.
The ADR Clerk shall serve the Order and the Certification of the total amount owing on the affected person by first class mail and shall file a certificate of mailing with the Clerk of the Court.
Page 4 | Collection of Outstanding Case Evaluation Fees — 2. Court Proceedings
The ADR Clerk must promptly send the affected counsel or self-represented party a fee-demand letter by first-class mail or email.
If the ADR Clerk's examination reflects that such fees are still outstanding in a particular case, the ADR Clerk or designee shall promptly send by first class mail or e-mail to the affected counsel, or a party in pro per, (collectively, the person) a letter or e-mail (the letter) setting forth the fees owed by the person and demand for payment within fourteen days of the date of the letter. The letter shall advise that if the outstanding fees are not paid within the fourteen days, proceedings for collection of the same may be instituted before the Chief Judge of the Court.
Page 4 | Collection of Outstanding Case Evaluation Fees — 1. Preliminary Procedures
Upon issuance of a judgment, it may be served personally on the affected person or mailed first class by the ADR Clerk, who must file a certificate of mailing with the Clerk of the Court.
e. Upon the issuance of a judgment, the judgment may be served personally on the affected person, or it may be served by first class mail by the ADR Clerk, who, in that instance, shall file a certificate of mailing with the Clerk of the Court.
Page 5 | Case Evaluation
If the MTA files the lien, it must give notice of it to the parties to the action.
b. In addition, when a judgment obtained under this rule is secured against an attorney, the MTA may file a lien in a civil action against any attorney fee prospectively payable to the attorney, by filing a notice of lien with the Clerk of the Court and by giving notice of the same to the parties to the action.
Page 5 | Post-Judgment
The referral order must be served on the litigants, with copies to Case Processing and the MTA.
The order of referral must be served on the litigants with copies to Case Processing and the MTA.
Page 6 | Mediation Process
A mediator may require that no later than 3 business days before the mediation session, each party submit to the mediator, and serve on the opposing party, a mediation summary that provides the following information, where relevant: (1) the facts and circumstances of the case; (2) the issues in dispute; (3) a description of the marital assets and their estimated value, where such information is appropriate and reasonably ascertainable; (4) the income and expenses of the parties; (5) a proposed settlement; and (6) such documentary evidence as may be available to substantiate information contained in the summary.
A mediator may require that no later than 3 business days before the mediation session, each party submit to the mediator, and serve on the opposing party, a mediation summary that provides the following information, where relevant: (1) the facts and circumstances of the case; (2) the issues in dispute; (3) a description of the marital assets and their estimated value, where such information is appropriate and reasonably ascertainable; (4) the income and expenses of the parties; (5) a proposed settlement; and (6) such documentary evidence as may be available to substantiate information contained in the summary.
Page 16 | Mediation Procedure
Filing Fees and Waivers
Outstanding case evaluation fees are demanded within 14 days of the date of the demand letter.
If the ADR Clerk's examination reflects that such fees are still outstanding in a particular case, the ADR Clerk or designee shall promptly send by first class mail or e-mail to the affected counsel, or a party in pro per, (collectively, the person) a letter or e-mail (the letter) setting forth the fees owed by the person and demand for payment within fourteen days of the date of the letter.
Page 4 | Collection of Outstanding Case Evaluation Fees — 1. Preliminary Procedures
Each party must pay any deposit or cancellation fee set by the mediator directly to the assigned mediator at the time the mediator directs.
b. Each party shall pay a deposit or cancellation fee as determined by the mediator. Fees shall be paid directly to the assigned mediator at a time directed by the mediator.
Civil cases
Page 3 | 7. Fees
A party is indigent for this program if the party qualifies for a fee waiver or suspension under MCR 2.002(C) or (D).
a. A party is indigent if he or she qualifies for the waiver or suspension of fees in accordance with MCR 2.002(C) or (D).
Civil cases
Page 3 | 8. Indigent Access to ADR
A party whose failure to pay the directed mediation fee prevents the scheduled mediation may be sanctioned at a show cause hearing before the assigned judge, following a mediator letter.
d. A party that fails to pay the mediation fee as directed, which prevents the mediation from proceeding as scheduled, shall be subject to sanctions at a show cause hearing ordered by and heard before the assigned judge pursuant to a letter from the mediator.
Civil cases
Page 3 | 7. Fees
A party who does not qualify for a fee waiver or reduced-rate mediation fee under the stated provisions or a court order remains liable for the mediation fee.
c. Unless a party qualifies for a fee waiver or reduced rate mediation fee under either subsections a or b of this section or an order of this Court, the party is not indigent and remains liable for the mediation fee.
Civil cases
Page 3 | 8. Indigent Access to ADR
Court-determined indigent parties receive pro bono mediation through an appointed mediator or referral, while the Wayne Mediation Center uses an ability-to-pay sliding scale for low-income, non-indigent parties.
b. When a party is found to be indigent, the ADR Clerk will appoint a mediator willing to handle a pro bono case or refer the case to the Wayne Mediation Center, a local Community Dispute Resolution Program (CDRP) with whom the Court and Mediation Tribunal Association have an existing ADR relationship. The assigned mediator will offer pro bono services to any party determined to be indigent by the Court. For low income, but non-indigent parties, the Wayne Mediation Center will use its sliding payment scale and base its fee upon a party's ability to pay.
Civil cases
Page 3 | 8. Indigent Access to ADR
Parties who enter an order settling or removing the case from mediation and give the mediator at least five days' written notice owe no mediation fee; without timely notice, each party owes a $100 cancellation fee.
c. Parties that enter an order either settling their case or removing it from mediation and who give at least five days' written notice to the mediator shall not be liable for the mediation fee. If the mediator does not receive timely notice of the settlement or removal, each party is liable for a $100.00 mediation cancellation fee.
Civil cases
Page 3 | 7. Fees
The mediator may charge reasonable compensation based on experience and usual rates for a mediation of up to two hours, and each party is responsible for a pro-rata share unless otherwise provided.
a. The mediator is entitled to reasonable compensation commensurate with the mediator's experience and usual charges for services performed with a maximum mediation of two hours. Unless otherwise provided, each party is responsible for a pro-rata share of the total mediation fees.
Civil cases
Page 3 | 7. Fees
The costs of mediation are divided between the parties on a pro-rata basis unless otherwise agreed by the parties or ordered by the Court. A court-approved mediator will be reimbursed based on the hourly fee schedule he/she has submitted to the Court. The parties should make payment directly to their mediator no later than (a) 42 days after the mediation process is concluded, (b) the entry of judgment, or (c) the dismissal of the action, whichever occurs first. The apportionment of fees can be part of the negotiated agreement. Parties objecting to mediation fees must file a motion with the judge assigned to their case to have mediation fees waived or modified from the presumptive pro-rata fee sharing arrangement. The MTA will not waive mediation fees unless the Court approves the waiver and a copy of the order is submitted to the MTA prior to the date of mediation.
The costs of mediation are divided between the parties on a pro-rata basis unless otherwise agreed by the parties or ordered by the Court. A court-approved mediator will be reimbursed based on the hourly fee schedule he/she has submitted to the Court. The parties should make payment directly to their mediator no later than (a) 42 days after the mediation process is concluded, (b) the entry of judgment, or (c) the dismissal of the action, whichever occurs first. The apportionment of fees can be part of the negotiated agreement. Parties objecting to mediation fees must file a motion with the judge assigned to their case to have mediation fees waived or modified from the presumptive pro-rata fee sharing arrangement. The MTA will not waive mediation fees unless the Court approves the waiver and a copy of the order is submitted to the MTA prior to the date of mediation.
Page 8 | Fees.
Chambers Communication Rules
A mediator whose approval depends on a professional license must immediately report its suspension or revocation to the ADR Clerk.
Any person whose court approval to serve as a mediator is based on holding a professional license and whose license is suspended or revoked by the appropriate licensing or certification authority must immediately report the suspension or revocation to the ADR Clerk.
Page 15 | Revocation of Approval