michigan divorce pretrial conference, scheduling order, mediation, arbitration, 235-1970

Pretrial conferences. §§1.27–1.32.

The court at any time may require the parties’ attorneys to appear for a pretrial conference; more than one may be held. MCR 2.401 lists issues that may or should be considered at an early scheduling conference, in a scheduling order, or at a pretrial conference; see §§1.28–1.30.

Posted here by Flint Divorce Attorney Terry R. Bankert http://www.attorneybankert.com. Flint Divorce Lawyer Terry R. Bankert can be reached at 810-235-1970.Primary sourceMichigan Family Law Benchbook ch 1 (ICLE 2d ed 2006), at http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2006553550&chapter=01 (last updated 01/20/2012). Additional articles on Bankruptcy and Divorce. http://occupyflintlegal.wordpress.com/

Scheduling orders should be done after consultation with counsel. If this is not possible, the parties may file a written request for amendment within 14 days after entry of the order. Within 14 days after receiving the request, the court must schedule a new conference, enter a new order, or notify the parties in writing that it declines to amend the order.Mediation; arbitration.
Friend of the Court mediation. §1.33. Must be provided for custody and parenting time disputes; optional use by the parties.

Court rule mediation. §§1.34–1.38. The court may refer any contested issue to mediation, but parties who are subject to personal protection orders or who are involved in child abuse or neglect proceedings may not be referred to mediation without a hearing.
Referral to mediation—by stipulation, a party’s written motion, or the court’s own motion.

Objection to mediation—within 14 days after notice of an order assigning the matter to mediation, by motion and notice of a hearing. The motion must be heard within 14 days unless the court orders otherwise, but it must be heard before the case is submitted to mediation.
Private mediation. §1.39. On the parties’ stipulation, the court may order private mediation.
Arbitration. §§1.40–1.41. The parties may agree in writing to resolve property, custody, and child support issues. Having agreed, the parties are bound by the decision.

The court may vacate the award if the award was procured by corruption, fraud, or other undue means there was evident partiality by an arbitrator appointed as a neutral, corruption of an arbitrator, or misconduct prejudicing a party’s rights the arbitrator exceeded his or her powers
the arbitrator refused to postpone the hearing on a showing of sufficient cause, refused to hear evidence material to the controversy, or otherwise conducted the hearing to substantially prejudice a party’s rights .

Berrien County

Berrien County
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811 Port StSt Joseph, MI 49085(616) 983-7111
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Terry R. Bankert P.C.

http://attorneybankert.com/