Third Judicial Circuit Court of Michigan Filing Fees and Waivers

CRITICAL

Applies to

Case evaluation fees

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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).

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

Fee

100

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.

WARNING

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.

WARNINGCivil cases

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.