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Topics:
Q: What is the Court of Appeals Settlement Program?
A: The Court selects cases for a settlement conference. Attorneys and parties
are asked to discuss, in a confidential setting, the possibility of resolving
the appeal. The facilitation method is used, with an attorney appointed by the
Court to serve as the facilitator (called a "mediator" under the
court rule, MCR 7.213[A]).
Q: Are the parties forced to settle?
A: No. The parties always have the ultimate power to decide whether to settle
the case. THERE IS NO PENALTY FOR FAILING TO SETTLE. The mediator is there
only to promote discussion, not to decide the case.
Q: How are cases selected for a conference?
A: Cases for the settlement program are generally selected in one of two ways.
First, the Court's Settlement Director reviews the "Docketing Statements"
filed early in the appeal to find suitable cases. Second, certain types of
negligence cases are placed in the program automatically when the appeal is
filed. In addition to those methods, attorneys may call the Settlement Office
(313-972-5690) and request that their pending appeal be considered for a
settlement conference. This contact will be treated confidentially by the
Settlement Office. All civil cases are eligible for consideration, but certain
types are not amenable to the process (such as termination of parental rights).
About 10% of the Court's civil caseload is selected for settlement conferences.
Q: Who conducts the settlement conference?
A: Settlement conferences are generally conducted by the Court's Settlement Director,
a former litigator with 30 years of litigation experience, who has been trained
in the practice of mediation and has been employed full-time for the past 7 years
by the Court to mediate settlement of cases on appeal. With the concurrence of
all parties, an outside mediator may be selected to facilitate the settlement
conferences.
Q: Where are conferences conducted?
A: In-person conferences are generally conducted at the
Court's Settlement Office in Detroit. Conferences involving attorneys outside
the Detroit area are generally conducted by telephone, although the Settlement
Director occasionally travels to other Court of Appeals locations to conduct
in-person conferences. The scheduling letter identifies the location of the
conference.
Q: Are any fees charged for this service?
A: There is no charge for settlement conferences conducted by the Settlement Office.
If an outside mediator is hired, the parties will be responsible for the mediator's
fees.
Q: How do I determine whether a case has been selected?
A: The Court will send to all attorneys an order placing the case in the
settlement program and a scheduling letter.
Q: Where can I learn more about the Court of Appeals Settlement Program?
A: Specific questions can be directed to the Settlement Office,
3020 West Grand Boulevard, Suite 14-300, Detroit MI 48202; telephone
(313) 972-5690. In addition, the Settlement Office has participated in education
seminars sponsored by the State Bar of Michigan's Alternative Dispute Resolution
Section. The ADR Section's website may be accessed as follows:
http://www.michbar.org/adr/
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