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Alternative Dispute Resolution (ADR) Clerk Designation
The court designates Susan K. Howe to serve as the ADR Clerk.  The ADR Clerk will maintain all records pertaining to the court’s ADR program including applications for and lists of case evaluators and mediators.  The ADR Clerk will also be responsible for coordinating the referral of and tracking the progress of cases through chosen ADR process.

General Provisions of ADR
1.      The court will utilize mediation as established in MCR 2.410 and case evaluation as established in MCR 2.403.  The court is not establishing a domestic relations mediation program allowed by MCR 3.216 at this time.

2. Civil cases in the Circuit Court are subject to ADR, unless otherwise provided by statute or court rule.  The ADR Clerk will also arrange case evaluation or mediation for any cases referred by the 12^th District Court or the Jackson County Probate Court.

3. After consultation with the parties, and if the court determines that ADR would be beneficial, the court will determine the appropriate form of ADR.

4. Any party may object to an order to ADR.  Motions to set aside/modify an order to ADR must be filed within 14 days of the order to ADR.

5. The Chief Judge will supervise the ADR plan.

Order to ADR
The court’s order to ADR will comply with MCR 2.410(C)(2) and will include, at a minimum, the ADR process to be used, time limits for the initiation and completion of ADR, and provisions for payment to the ADR provider.  The court may, at its discretion, require attendance at ADR proceedings, pursuant to MCR 2.410(D).

Public Access to ADR
The ADR Clerk will make available an informational brochure or document describing the court’s ADR plan and ADR processes utilized by this court.  Copies of this information will be made available to all litigants upon request at the ADR Clerk’s office or the Circuit Court Clerk’s office.

If a party is unable to pay for ADR at the time it is ordered, but later becomes able to pay as a result of a resolution of the lawsuit, the Court may require the party to pay for ADR at that time.

The local Community Dispute Resolution Center may be assigned as the ADR provider in cases where low cost or pro bono mediation services are necessary.  If a party is indigent and free or low cost mediation services are not available, the court will not order that party to participate in an ADR process.

1.      Order to Mediation.  Pursuant to MCR 2.410(C), the court may order a case to mediation.  In the court’s order to mediation, the court may appoint a mediator if agreed to by the parties.  The order to ADR will set a time period in which the parties must confer and select a mediator.  If the parties agree to a mediator, the court shall appoint that person and they need not meet the requirements under MCR 2.411(F)(2) or be on the approved list of mediators.  If the order to mediation does not specify a mediator and the parties do not stipulate to a mediator, one will be appointed from the approved list of mediators on a strict rotational basis. 

2.      Scheduling and Conduct of Mediation.  Mediation shall proceed pursuant to the terms of MCR 2.411(C).

A.     A mediator has no “authoritative decision-making power.”

B.     The mediator will meet with the parties and counsel to explain the mediation process.

C.     Mediation activities may extend beyond one session if all parties and the mediator feel that continued sessions may result in settlement.

D.     The mediator may require that documents or summaries of the case be provided to the mediator at a time prior to the time set for mediation.

E.      The mediation session(s) will continue until either a settlement is reached or the mediator determines that a settlement is not likely to result from further mediation sessions.

3.      Application.  Application forms are available in the ADR Clerk’s office.

4.      Mediator Eligibility.  Pursuant to MCR 2.411(F)(2), to be eligible to be a mediator under this program, an applicant must:

A.     Complete a training program approved by the State Court Administrative Office (SCAO).

B.     Have either a Juris Doctor degree or graduate degree in “conflict resolution” or a minimum of  40 hours of mediation experience over the prior two year period (may include mediation, co-mediation, observation, and role playing within the context of mediation).

C.     Observe, at a minimum, two general civil mediation proceedings conducted by an approved mediator, and conduct, at a minimum, one general civil mediation proceeding to conclusion under the supervision of an approved mediator.

5.      Qualifying by Prior Experience.  If an applicant does not meet the particular requirements of paragraph 4 above but has comparable or otherwise relevant specialized experience or training, a special application can be made to the ADR Committee who will assess qualification on the basis of criteria provided by the SCAO.

6.      Continuing Education.  Approved mediators must obtain eight hours of approved advanced mediation training during each 2-year period of service as a mediator, to be approved and monitored by the ADR Committee.  Failure to demonstrate compliance with this subsection to the ADR Committee constitutes cause for removal from the approved list of mediators.

7.      ADR Committee.  The Chief Judge may appoint an ADR Committee to assist the court in the review and approval process for the mediator applicants and/or to perform other duties as set forth by the Chief Judge.

8.      List of Approved Mediators.  The ADR Clerk may approve applications submitted by potential mediators or the ADR Clerk may refer applications to the ADR Committee.  In 2003, the ADR Committee will review applications quarterly.  After 2003, the ADR Committee will review applications on an at least an annual basis.  All approved mediators will be placed on the court-approved list.  The ADR Clerk will notify all approved mediators at the conclusion of their 5-year period that they must meet the requirements for re-application if they wish to remain on the list.  The ADR Committee will annually review the list of approved mediators.  The ADR Clerk will maintain a list of those applicants, and remove those who do not meet the requirements.  The list of approved mediators will include the mediator’s normal hourly rate for mediation services.

9.      Removal From the List of Approved Mediators.  The ADR Clerk will annually review the list of approved mediators and remove any applicant who has not submitted to the ADR Clerk certification that the mediator has met and completed the continuing education requirements.  A mediator may be removed from the list by the ADR Clerk for demonstrated incompetence, bias, consistent unavailability, or other just cause.

10.  Appeal of Rejection/Removal.  If an application is rejected or a mediator removed from the list of approved mediators, the applicant or mediator will be notified in writing of the decision and the applicant or mediator will have 21 days from the date on the written notification of rejection/removal to petition the Chief Judge for reconsideration of rejection or removal.

11.  Community Mediation.  Cases may also be referred to the Southeastern Dispute Resolution Service for community mediation.  SDRS shall select the mediators for these cases.

2. Case Evaluator Eligibility.  Applicants will be considered qualified if they meet the following requirements:

A.                 The applicant has been a practicing lawyer for at least 5 years and is a member in good standing of the State Bar of Michigan;

B.                 The applicant resides, maintains an office, or has an active practice in the County of Jackson;

C.                 The applicant must demonstrate that a substantial portion of the applicant’s practice for the last five years has been devoted to civil litigation matters, including investigation, discovery, motion practice, case evaluation, settlement, trial preparation, and/or trial.

3.         Review of Applications:
Applicants for service as a case evaluator will be reviewed annually in January by an ADR Committee.

A.                 Applicants will be notified of their inclusion or rejection from the Case Evaluator Pool by form letter by February 1st of each year.  If an applicant is rejected the committee shall inform the applicant of the reasons therefor. 

B.                 An applicant may seek reconsideration by submitting a written request to the Case Evaluation Clerk’s Office by February 15th. 

C.                 The Chief Circuit Judge will review all appeals and will make a final decision by March 15th. 

D.                 The revised Case Evaluator Pool List will be issued April 1st  to commence use on July 1st of each year.

4. Specialized Lists.  There will be no distinction of specialty between members of the case evaluator pool due to the lack of sufficient volume of a variety of case types.

5. Term of Enrollment on Case Evaluator Pool List. Applicants who are approved for service as a case evaluator will remain eligible for a term not to exceed 4 years, barring any disciplinary action.  After 4 years, the applicant must renew their application by filing form MC34 and submitting to the review process by the committee.

6.      Orientation and Training. There will be no formal orientation nor training required of case evaluators.

7.      Assignment to Panels.  Case evaluators shall be selected via a system of random rotation by the Case Evaluation Clerk to assure as nearly as possible that each case evaluator on a list is assigned approximately the same number of cases over the period of two years.

1.         Three attorneys appointed by the President of the Jackson County Bar Association for two year terms.

2.         One attorney or judge appointed by the Chief Circuit Judge for a two year term.

3.         The ADR Clerk will serve as an ex officio member.

1. The Chief Circuit Judge will review all complaints as they arise.  

2.      The Chief Circuit Judge will have authority to interview the grieved case evaluator/mediator and complaining party to determine the validity of the complaint.

3.      If the case evaluator or mediator refuses to cooperate with the inquiry he/she may be removed by the Chief Circuit Judge. 

4.      The Chief Circuit Judge will render a written response to the complaining party and the grieved case evaluator or mediator.

5.      Appeal may be sought by submitting a brief written summary argument to the Chief Circuit Judge within 30 days of his decision. 

6.      The Circuit Judges will review all appeals and will make a final decision within 30 days of receipt.

Conflict of Interest For Mediators and Case Evaluators

Conflicts of interest are addressed in the SCAO Standards of Conduct for Mediators. Disqualification is addressed at MCR 2.41 1 (B)(4) and MCR 3.216(C)(5).

1.      Conflict of Interest.

A.     Definition. A conflict of interest is a factor or relationship that creates the impression of bias or could reasonably be seen as raising a question of the person's impartiality. A mediator or case evaluator will promptly disclose all actual or potential conflicts of interest reasonably known to the mediator. After full disclosure, the mediator or case evaluator will decline to mediate unless all parties agree in writing to retain the mediator or case evaluator. If all parties agree to mediate after being fully informed of conflicts, the mediator or case evaluator may proceed with the mediation, but if the mediator or case evaluator determines that the conflict of interest jeopardizes the integrity of the process, the mediator  or case evaluator will decline to proceed.

B.     Complaint. If a party believes that party has been denied due process as a result of a conflict of interest known to the mediator or case evaluator but not disclosed, that party may complain in writing to the ADR Clerk.

C.     Continuing Duty. The need to prevent conflicts of interest also governs conduct during and after the mediation. Without the consent of all parties, a mediator or case evaluator will not subsequently establish a professional relationship with one of the parties in a related or unrelated matter soon after the hearing under circumstances that raise a question about the integrity of the process. A mediator or case evaluator will not establish with a party a personal or intimate relationship that raises legitimate questions about the integrity of the mediation or case evaluation process.

D.    Disqualification. A mediator or case evaluator will raise the issue of disqualification and any party may raise the issue. A mediator or case evaluator will be disqualified when the mediator or case evaluator cannot impartially proceed. The rule for disqualification is the same as that provided in MCR2.003 for the disqualification of a judge.

The ADR Clerk shall annually report to the judges and the Bar Association the following information:

Number of case evaluations
Number accepted by all parties
Number accepted by all plaintiffs
Number accepted by all defendants
Number rejected by plaintiff and defendants
Number of cases referred to mediation
Number resolved at mediation
Number of cases referred to community mediation
Number resolved at community mediation

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