Order Regarding Facilitative Mediation - County Of Macomb 16th Circuit Court
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1STATE OF MICHIGAN
Case No.
ORDER
COUNTY OF MACOMB
th
16
CIRCUIT COURT
, Plaintiff(s)
Attorney:
P#
vs.
, Defendant(s) Attorney:
P#
ORDER REGARDING FACILITATIVE MEDIATION
The Court, having consulted with the parties and determined that the case should be submitted to
facilitative mediation under MCR 2.410 and 2.411; and the Court being otherwise fully advised;
IT IS THEREFORE ORDERED AS FOLLOWS:
(1)
Selection of Mediator. The parties stipulate to have
serve as Mediator. Alternatively, the parties shall have seven (7) days to confer on the selection of a mediator.
If the parties cannot agree on a mediator within seven (7) days, plaintiff’s counsel shall so advise the Court, and the
Court will select a mediator in the manner provided by MCR 2.411(B)(3).
(2)
Scheduling and Conduct of Mediation. Mediation shall be completed within
days of
the date hereof. Within seven (7) days of completion of mediation, the mediator shall submit a report to the Court stating
the date of completion of the process, who participated in the mediation, whether a settlement was reached, and whether
further ADR proceedings are contemplated.
(3)
Attendance at Mediation. The attorneys who intend to try the case and the parties to the action
with full authority to settle the case shall attend the Mediation. In addition, any agents of the parties,
representatives of lienholders, or representatives of insurance carriers with information and/or authority necessary
for responsible and effective participation in the mediation must be present, including ________________________.
(4)
Next Settlement Conference. If the case is settled through mediation, the attorneys shall submit an
order of dismissal within twenty-one (21) days of the date the settlement was reached. The parties shall appear for a
Settlement Conference before the Court on
, at
:
a.m., unless an order of dismissal is entered with the Court prior to that date.
(5)
Payment of Fees. The costs of mediation shall be divided between the parties on a pro-rata basis
unless otherwise agreed by the parties or ordered by the Court.
This order does not resolve the last pending claim or close the case.
Hon. Joseph Toia
Circuit Court Judge
APPROVED AS TO FORM AND SUBSTANCE BY:
Signature of attorney for plaintiff
Signature of attorney for defendant
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