HomeMy WebLinkAboutResolutions - 1980.09.04 - 12166September 4th, 1980
REPORT
BY: General Government Committee, Mat J. DE.:n.id;iss, Chairperson
IN RE: ,;7. #9520, Support of Legislation Estabishing a Mediation
Fee P7yable to Oakland County
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr„ Chairperson, Ladies and G,2H-lernen:
The General Gnvernment Committee having reviewed #9520
repor's the recornmer:dwion that this resolution be adopted with the
nent to replace th -.1 or ($5) fee with a ten dollar ($10) fee„
MR. CHAIRPERSON, on behalf of the General Government Committee,
?, the a,:ceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
SCELLANEOUS RESOLUTION 9520
BY: LILLIAN MOFFITT
IN RE: SUPPORT OF LEGISLATION E.7.T\MIHING A MEDIATION FEE PAYABLE TO.
COUNTY
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Supreme Court ,has approved the Sixth Judicial Circuit
Court's Local Court Rule 18 which sets forth the procedure for the mediation of
all non-divorce civil cases; and
WHEREAS the mediation process results in fewer trials by settling disputes
before a trial date is set, thereby saving time and money for the County; and
WHEREAS the number of cases successfully mediated in the first SIX (6)
months of 1980 is 147 ; and
WHEREAS the Circuit Court Assignment Clerk's Office has realized on increased
workload due to additional processing required of cases to be mediated, to the
extent that an additional Clerk III position was created by Miscell -
tion 1479149 on November 1, 1979; and
WHEREAS the Sixth Judicial Circuit Court unanimously passed an
the Local Court Rules proposing to create a five (5) dollar fee per liti -- t per
mediation to offset the cost of administering the mediation program; an
.WHEREAS the Supreme Court did not approve the proposed amendment to the court
rules, stating that the assessment of fees payable to a court or county is a matte
governed by statute and court rules should not be used to impose such fees.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
go on record as supporting the introduction of legislation to provide for a media-
tion fee of five dollars per litigant per mediation, payable to the General rumc: o
the County of Oakland.
BE IT FURTHER RESOLVED that copies of this resoluLion be sent to all state
legislators representing Oakland County and to the County's Legislative Agent.
Mr. Chairperson, I move the .cioption of the foregoing resolution.
LILL! MO 7 FITT
Commissioner, 15th District
August 14, 1980
t o
#9520 September 4, 1980
Moved by Dunaskiss supported by Fortino the report be accepted.
A sufficient majority having voted therefor, the motion carried.
Moved by Dunaskiss supported by Moffitt that Resolution #9520 be adopted.
Moved by Dunaskiss supported by Moffitt the resolution be amended by replacing
the five dollar ($5) fee with a ten dollar ($1O) fee.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Fortino, Gabler, Gorsline, Hobart, Kelly, Lewand, Moffitt, Montante, Moore,
Moxley, Page, Patterson, Perinoff, Pernick, Peterson, Price, Wilcox, Aaron, Caddell,
DiGiovanni, Doyon, Dunaskiss, (22)
NAYS: None. (0)
A sufficient majority having voted therefor, Resolution #9520 as amended, was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #9520 adopted by the Oakland County Board of
Commissioners at their meeting held on September 4, 1930
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
Lynn D.
By.................................Deputy Clerk