(A) Mediators. Property division in divorce proceedings shall be heard by one mediator unless a greater number is ordered by the court or is requested by the parties at the time the case is ordered to mediation.
(B) Scheduling of Hearings. The mediation clerk may establish a monthly standard mediation day or days, as needed, for hearings. Cases will generally be assigned to such date in the month ordered by the court; provided, if the court has not designated a specific month for mediation, then the month assigned by the mediation clerk will be that which will allow sufficient time for post-mediation procedures prior to trial, unless the parties stipulate otherwise.
(C) Mediation Fees.
(1) If a matter is settled or adjourned but notification is not given by the parties to the mediation clerk until after the eighth day prior to the scheduled hearing, no refund of fees will be made and the mediators shall be paid their fees. Any subsequently rescheduled hearing shall require the parties to pay an additional $75 per party fee.
(2) Parties qualified for waiver or suspension of fees by reason of indigency are not required to pay a mediation fee or late filing fee unless or until they recover upon a money judgment or settlement in the suit.
(3) If a party fails to pay any fees required within the time limits prescribed, the mediators may refuse to accept or consider the written and oral presentations of that party in mediating the case. The mediation clerk shall send a past due notice for any unpaid fees. If any fees remain unpaid after 20 days from the mailing of the past due notice, then the mediation clerk shall petition the court for an order to show cause directed to the delinquent party or counsel if the parties are represented by counsel. Additionally, if the party fails to pay fees or the late filing penalty, the panel's evaluation may include a provision that the party not be entitled to recovery of costs if the matter proceeds to trial. This provision shall not apply to any party for whom fees have been waived or suspended by reason of indigency.
(D) Submission of Documents. All communications among the parties and the mediators concerning the issues in mediation shall be made in the presence of all parties, or, if in writing, by immediately forwarding copies of such communication to other parties to the proceeding. This provision does not apply to communications between mediators in evaluating the case.
(E) Conduct of Hearings.
(1) At the hearing, the plaintiff's statement shall be made first and the defendant's thereafter, if any. Rebuttal may be made if a counterclaim is asserted, or, if authorized by the panel.
(2) Mediation hearings shall be subject to the same decorum and conduct rules as court proceedings. Any violations thereof shall be reported by the mediators to the mediation clerk for appropriate enforcement action. Any such action shall be brought before the chief judge.
(3) Attendance at mediation hearings will be limited to the mediators, the parties and their attorneys, and the mediation clerk unless attendance by others is specifically authorized by the mediation panel or by court order.
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Last Updated 6-5-02
Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov