Short title.
This act shall be known and may be cited as the "community dispute resolution act".
Michigan · statute · 260 of 1988, Mich. Comp. Laws · 16 active provisions
This act shall be known and may be cited as the "community dispute resolution act".
As used in this act: (a) "Administrative expenses" means expenses incurred by the state court administrator in implementing this act. (b) "Available grant funds" means that portion of the community dispute resolution fund available for awards to grant recipients, after administrative expenses have been met. (c) "Center…
The community dispute resolution program is created to provide conciliation, mediation, or other forms and techniques of voluntary dispute resolution to persons as an alternative to the judicial process.
The program shall be funded by the community dispute resolution fund which is created in the state treasury and shall be administered by the state court administrator.
(1) The department of treasury shall credit to the fund the revenues received pursuant to sections 2528, 2529, 5756, 8371, and 8420 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.2528, 600.2529, 600.5756, 600.8371, and 600.8420 of the Michigan Compiled Laws. (2) The de…
(1) Participation in the dispute resolution process shall be voluntary and the form or technique utilized shall be by mutual agreement of the parties. (2) Subject to subsection (1), a court may refer the parties to a civil action to a center funded under this act. The court shall not require that the parties to the civ…
If the parties involved in a dispute resolution process reach a settlement and execute a written agreement, the agreement is enforceable in the same manner as any other written contract.
(1) The work product and case files of a mediator or center and communications relating to the subject matter of the dispute made during the dispute resolution process by a party, mediator, or other person are confidential and not subject to disclosure in a judicial or administrative proceeding except for either of the…
A mediator of a community dispute resolution center shall not be held liable for civil damages for any act or omission in the scope of his or her employment or function as a mediator, unless he or she acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of the rights, safe…
This program shall be administered through community dispute resolution centers operated by grant recipients pursuant to a grant contract awarded by the state court administrator.
To be eligible for funding, a grant recipient shall do all of the following: (a) Comply with the provisions of this act, and any requirements or guidelines established by the state court administrator to effectuate the purposes of this act. (b) Provide neutral mediators who have received not less than 40 hours of train…
(1) Grant recipients shall be selected from applications submitted to the state court administrator. The grant applications submitted for funding shall include all of the following: (a) The budget for the proposed center including the proposed compensation and qualifications of the employees. (b) A description of the p…
The state court administrator or other authorized state official shall have the power to inspect, examine, and audit the fiscal affairs of any grant recipient.
Each grant recipient shall annually provide to the state court administrator statistical data on its operating budget, the number of referrals, categories or types of cases referred, number of parties serviced, number of disputes resolved, nature of resolution, amount and type of awards, rate of compliance, returnees t…
This act shall take effect upon the expiration of 120 days after the date of its enactment.
This act shall not take effect unless Senate Bill No. 816 of the 84th Legislature is enacted into law.