HomeMy WebLinkAboutResolutions - 1990.08.09 - 18192July 19, 1990
MISCELLANEOUS RESOLUTION # 90177
BY: Public Services Committee
Richard D. Kuhn, Jr., Chairperson
IN RE: CIRCUIT COURT MEDIATION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the Michigan Supreme Court amended Michigan
Court Rule 2.403 effective March 30, .1990, thereby
requiring a number of changes to the Circuit Court's
Mediation Program; and
WHEREAS, simultaneously the Circuit Court was
considering internal procedural revisions to improve
mediation services to the practicing bar and the public;
and
WHEREAS, the Circuit Court has determined to pool all
cases ready for mediation (regardless of which Judge the
case is assigned to) to provide greater flexibility in
scheduling and eliminate delay in mediation settings; and
WHERREAS, the Court has determined to revise
mediation payment procedures so that the Court, instead of
the mediators, will handle all bookkeeping
responsibilities and pay the mediators a per diem of
$1,000 for their services; and
WHEREAS, this revision in payment procedures will
allow the mediators to concentrate all of their time and
attention on the cases to be mediated rather than the
bookkeeping details; and
n
WHEREAS, the Court proposes that, the funds for the
Circuit Court Mediation Program be handled in a manner
similar to that for the receipt and distribution of funds
forfeited through narcotic seizures; and
WHEREAS, the balance of funds received from this
program after payment of the mediator-attorneys be used to
help pay for Circuit Court enhancements and improvements.
NOW THEREFORE BE IT RESOLVED that the Circuit Court
Mediation Program is established as follows:
1. The $75 each party pays for mediation pursuant
to NCR 2.403 (H)(I) and the fine for failure to
timely serve copies of mediation documents to
attorneys of record pursuant to revised NCR
2.403 shall be received and distributed in a
manner similar to that established for funds
forfeited through narcotic seizures.
2. Each mediator shall be paid $1,000 per day for
his or her services from these funds.
3. The fund balance at the end of each fiscal year
will be used to help pay for Circuit Court
enhancements and improvements only as requested
by the Circuit Court and approved by the Board of
Commissioners.
BE IT FURTHER RESOLVED that this proposal and
procedure be implemented August 1, 1990, and reviewed at
year end 1991 to report and assess its performance.
W. Chairperson, on behalf of the Public Services Committee,
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Daniel T. M
The Assignment Office
The Oakland County Circuit Court utilizes an individual docket system. This
means that a case assigned to a particular judge at the time of filing remains with
that judge until resolved. Each judge has complete discretion as to how his or her
docket is managed, but the Assignment Office is responsible for implementing the
Court's caseflow management. In addition, the Assignment Office tracks the
progress of a new case until it is resolved.
Generally, cases proceed through various court settings, including motions,
hearing, mediations, calendar conferences, pre-trials and trials. This year, over
27,000 new cases were started. These, as well as all pending cases, were scheduled
for court dates through the Assignment Office.
The Assignment Office is called upon to develop and implement new programs
and procedures to expedite the movement of cases through the court, and
ultimately, to reduce delay in litigation. As national and statewide judicial and legal
organizations develop guidelines and standards for timely case dispositions, the
Assignment Office is responsible for implementing these practices at the local level.
The Sixth Circuit Court was one of 39 courts selected to participate in data
collection for the National Center for State Court's Large Court Capacity Project.
The purpose of this was to analyze the court's civil and felony data for the 1987
case processing study. This year, the Court also took part in a National Center
survey on damage awards in tort cases.
The Assignment Office is also responsible for the Court's mediation process.
Mediation is used as an alternative to the traditional method of settling disputes by
trial. Three attorneys are appointed to sit as a panel to evaluate a case and assess a
dollar amount as to the damages. The parties to the lawsuit can either accept or
!eject the panel's evaluation of the so-called "worth" of the case. If the parties
accept the award, the case settles at that point. If one or both parties reject the
mediation award, the Assignment Office places the .case back on the trial docket
and it is then scheduled for trial. Cases with awards under $10,000 may be
remanded to a district court for further proceedings.
All negligence cases, including personal injury, malpractice, and products liability
matters are mediated, as are contract disputes and sometimes property contests.
flasiormimmet
17
•••
The following statistics illustrate how mediation helped contribute to the
effective disposition of cases in 1989:
1989 Mediation Statistics
Cases set for mediation 5,124
Cases settled prior to mediation 594
Cases accepted at mediation 1,209
Cases rejected with award under $10,000 767
Cases dismissed or discontinued 246
Cases remanded prior to mediation 4
Cases with judgment entered 33
TOTAL MEDIATION DOCKET LOSS 2,853
Cases Pending (Mediation Did Not Resolve}
Adjournments granted 670
Cases already mediated 16
Cases removed from mediation 24
Cases mediated separately 32
Cases with no cause award 7
Cases with award over $10,000 1,392
Cases marked no show 38
Miscellaneous 92
TOTAL CASES PENDING
TOTAL NUMBER OF CASES ACTUALLY MEDIATED
TOTAL % DOCKET LOSS ATTRIBUTABLE TO MEDIATION
2,271
3,375
56%
OMNI
18
28 days
after Mediation DAY OF MEDIATION
7 days 7 days
before Hearing before Hearfhg
30 days before
Mediation Hearing
OLD SYSTEM
Court sends computer
generated notices to
the parties attorneys.
Court sends mediators
the schedule for the
day.
42 days before
Mediation Hearing
NEW SYSTEM -->
Check: will
be issued to
mediators
and doctors.
*Frequency
and source
of checks
is yet to be
determined.
7
Summaries and
checks arrive;
mediation staff
records in book.
Summaries and
checks arrive;
staff records
the fee/fine
payments on
computer.
14 days
before Hearing
Staff arranges
summaries in
day and time
order for
mediators to
pick up.
Staff arranges
summaries in
day and time
order for
mediators to
pick up.
14 days
before Hearing
Mediators sort
checks, assess
fines not already
paid and write
out evaluations.
NOTE: Mediators
handle bookkeeping
details, leaving
less time to
mediate cases.
Parties (attorneys)
check in with the
mediation staff
who make sure all
fees/fines are
paid. Mediators
write up evaluation
(award) forms.
NOTE: Mediators
can concentrate
on cases, not
bookkeeping.
DAY OF MEDIATION
Acceptance notice
generated by
computer.
Acceptance notice
generated by ,
computer.
28 days
after Mediation
FISCAL NOTE August 9, 1990
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: CIRCUIT COURT MEDIATION - MISCELLANEOUS RESOLUTION #90177
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #90177 and finds:
1. $75.00 each party pays for mediation pursuant to MCR 2.403 (H)(1)
and the fine for untimely submission of mediation document copies
to attorneys of record pursuant to revised MCR 2.403 shall be
handled in a manner similar to that established for funds
forfeited thru narcotic seizures.
2. That each mediator shall be paid $1,000 per day for his or her
services.
3. The estimated annual revenue and expenditure is $495,000 for these
services; the estimated revenue and expediture for the balance of
1990 is $186,000 as shown on the attached budget detail.
4. Accounts for these funds shall be created and titled as follows:
a. Accounts Payable-"Circuit Court Civil Mediation"
b. Operating Revenue-"Civil Mediation Payments"
c. Operating Expenditure-"Attorney Fees-Mediators"
5. Revenue shall be realized at the end of each fiscal year in an
amount equal to the cost incurred for the mediators.
6. The balance in the account after said cost has been covered shall
be used to help pay for Circuit Court enhancements and
improvements only as requested by the Circuit Court and approved
by the Board of Commissioners.
7. This proposal and procedure shall be implemented September 1, 1990
and continue through December 31, 1991 at which time it be
reviewed and a report made to the Public Services and Finance
Committees to assess its performance.
8. The 1990-1991 Circuit Court Biennial Budget be amended as follows:
1990 1991
3-10100-311-01-00-2054 Civil Mediation Payments $186,000 $495,000
4-10100-311-01-00-3033 Attorney Fees-Mediators 186,000 495,000
$ -0- $ -0-
FINANCE COMMITTEE
Attachment
Circuit Court Mediation
Revenue/Expenditure Estimates
Revenue
Civil Mediation - Payments
Expenditures
Attorney Fees - Mediators
1990
$186,000
186,000
$ -0-
1991
$495,000
495,000
$ -0-
Revenue
1990
62 Mediation Days x 20 Cases/Day x 2 Parties each x $75/Party = $186,000
1991
165 Avg. Mediation Days x 20 Cases/Day x 2 Parties each x $75/Party = $495,000
Expenditures
1990
62 Mediation Days x 3 Att l y Mediators/Day x $1,000 Each Mediator = $186,000
1991
165 Avg. Mediation Days x 3 Att t y Mediators/Day x $1,000 Each Mediator = $495,000
August 9, 1990 . RESOLUTION # #90177
Moved by Richard Kuhn supported by Crake the resolution be adopted.
AYES: Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron,
Caddell, Chester. Crake. Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn.
Law, McConnell, McCulloch, McPherson, Oaks, Olsen. (22)
NAYS: Moffitt. (1)
A sufficient majority having voted therefor, the resolution was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
Board of Commissioners on August 9, 1990
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affix„0 the seal of the County
of Oakland at Pontiac, Michigan this 9th dal at; •' 19'_511
_
Lynn 0. Allen, County Clerk