All Civil Cases are scheduled for
an ADR Pre-Trial approximately ninety days after
the case is filed. The date and time of the ADR
Pre-Trial is established immediately when the case
is filed and the Plaintiff is required to serve
this information with the Summons and Complaint
on all Defendants. The purpose of the ADR Pre-Trial
is to establish a plan for Alternative Dispute Resolution.
The parties and attorneys should consider the different
types of ADR, Arbitration, Case Evaluation, Mediation
and the timing of ADR.
Traditionally, most attorneys have
selected Case Evaluation at the end of discovery.
However, Case Evaluation across the State of Michigan
including in Jackson, resolves only fifteen to twenty
percent of the cases. Mediation, which has also
been called Facilitative Mediation, reportedly resolves
fifty to seventy-five percent of the cases. You
do not need to accept one or the other. You can
select both but if you do that, you must decide
which you want to do first.
Very few attorneys come to court for
the ADR Pre-Trial. Some are conducted by phone but
what usually happens is that the attorneys enter
into a stipulation before the ADR Pre-Trial and
the stipulation is mailed or faxed to the Court
before the ADR Pre-Trial takes place. The ADR Stipulation
is self-explanatory. http://www.co.jackson.mi.us/Schmucker/Documents/ADRPretrialOrder.pdf
Attorneys and parties are encouraged to consider
all the different options and to select the options
that best suits the case. If you cannot agree on
an ADR Plan, you must be present by person or by
phone at the ADR Pre-Trial where the court will
impose an ADR Plan after hearing from the parties.
An ADR Plan may be amended by stipulation. If an
amended ADR Plan will affect a scheduled pretrial
or trial date, you must show good cause.
If you have any comments, questions, or suggestions about this page please email Patti Clark at Pclark@Co.Jackson.MI.Us
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County Government strives to provide service to the people
we are privileged to serve.