NCJ Number
97429
Date Published
1984
Length
59 pages
Annotation
This report examines a mediation procedure operating under Rule 62 in both the Third Judicial Circuit Court of Michigan and the U.S. District Court for the Eastern District of Michigan (Detroit).
Abstract
The report discusses the background and description of the mediation program, focusing on program administration, selection of mediators, hearing format, and method and timing of case referral. Selection of cases, imposition of penalties, and mediation's effect on the courts' calendars and case dispositions are considered. Judges' perceptions of the program's success are explored: most judges felt that the program reduces the number of trials of diversity cases by increasing the proportion that settle. Most also agreed that the program conserves the court's resources by limiting the amount of time spent by judges on such cases. Interviews with 120 attorneys who had presented State court cases to a mediation panel revealed that they felt the hearing format was valuable and informative. However, attorneys recommended that changes be made in the mediator selection process. Most attorneys agreed that the mediation hearing provides a useful disclosure of the strengths and weaknesses of a case. The report concludes that the mediation procedure works for the State and Federal courts in Detroits, as both a settlement mechanism and a case management tool. Seventeen footnotes are provided. Appendixes contain forms used in the mediation process by both courts and various court rules.