WAYNE COUNTY CIRCUIT COURT $25,000 AND UNDER MEDIATION

The Circuit Courts in the Metro Detroit area all have procedures for mandatory mediation of cases which evaluate for $25,000 or under, aggregate.  In Oakland County, such cases are referred to the Oakland Mediation Center, and in Macomb County, The Resolution Center.  I will leave stories of my experiences with these institutions for a later post.

Wayne County takes a different approach.  Although there does exist a Wayne Mediation Center in Dearborn, under 25K case evaluation cases are not sent there.  The Mediation Tribunal Association maintains a "list of court approved general civil mediators" and cases are assigned randomly to mediators on that list.

Note that the term "mediator" and not "attorney" is used.  Most of us understand that at the Oakland and Macomb centers, our cases are often assigned to non-attorney mediators.  And there is a perception (mine at least) that these mediators are either volunteers, or work for a very modest fee indeed.

As to the Wayne Circuit program, I think there continues to be some confusion/bewilderment as to the credentials of the  mediators assigned to cases in the program.  Questions as to qualifications are understandable, as the assigned mediator is not a volunteer and can charge his regular hourly rate for the mediation.  In addition, litigants often have never heard of the mediator assigned to their case, which is, more often than not, a claim for No Fault benefits.

Even though I have been on the MTA "list" since this program started, I really never knew how I qualified.  I did not start sitting as a neutral case evaluator until a year after I started receiving cases from the program.  I flattered myself that perhaps my litigation "reputation", to the extent that I had one, brought me to the attention of a sage group of selectors at the MTA.

Apparently not.

However, last year I received a notice of referral of one of my defense cases to a mediator selected from the list.  Not only had I not heard of the fellow, when I looked him up on the State Bar website (he was an attorney), I discovered that the ink was hardly dry on his law school diploma.  He had been a lawyer for less than 6 months and worked out of his house on the East Side of Detroit.

After some inquiry, I discovered that to be put on the "list" a mediator had to complete the 40 hour civil mediation training approved  by the Michigan State Court Administrative Office.  You don't need to be an attorney to take the training, and I recall when I did take that course some years ago, about a third of the participants were not attorneys.  

I do recall that the course was pretty intense.  The program I took came one fall when the Tigers were in the World Series (don't remember who they played-they lost).  The final session was set for a Saturday when the Tigers played a Series game at home.  Some participants had tickets and most everyone wanted to see the game on TV.  We begged to have the last session end one hour early.  The staff would comply, so long as we came in a half hour early that day and cut our lunch hour to 30 minutes.  I still have the course manual--somewhere.  It did contain the words to all 4 verses of Kumbaya.

So now I know, as to you, what it takes to get on the MTA "list", and who, as litigators you may have assigned to your case.

I used to tell all my friends who were looking to become mediators, basically anyone who had a pulse, to apply to get on the "list".  Now I also tell them that inclusion comes at a price, $1995 this year, through ICLE.  Since I took the course, tuition has risen as the Tigers' fortunes have fallen.

I am sure litigants do not like educating their mediators on the nuts and bolts of No-Fault cases, while paying for the privilege.  However, the tight window given by the Court's mediation Orders often makes scheduling an alternate hearing a difficult process.

On the other hand, don't assume that all appointed mediators are either non-attorneys or, non-No-Fault savvy.  I have 30+ years experience in tort litigation, mostly auto (and on both sides the fence).  And, as hard as it may be to believe, some people have not heard of Michael Butler, Esq.

As I still maintain an active case load, I do not mediate full time, and I can get a hearing set up fairly quickly.  However, unlike some mediators, I do not schedule every hour from 7am-6pm, or more amazing still, offer hearing availability 24/7. (I am not making this up.  I understand that this mediator often has the 2am and 4am time slots on Mondays and Tuesdays open).

I can be reached at mbutler@lmdlaw.com , or by phone at 734-776-0231.

As what article about mediation would be complete without some self promotion, I will state that, in addition to my extensive experience in auto litigation, I share these qualifications with Capt. Edmund Blackadder (Blackadder Goes Fort):

"I,... am a fully rounded human being with a degree from the university of life, a diploma from the school of hard knocks, and three gold stars from the kindergarten of getting the shit kicked out of me."

In other words, an average Wayne County litigator.