ADR and the Courts: A Manual for Judges and Lawyers by Erika S. Fine

By Erika S. Fine

ADR handbook for Judges and attorneys.

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The panel shall make no award until it has received this fee. 3. Presence of parties, evidence—A party has the right, but is not required, to attend or be present at a mediation hearing. When 66 ADR and the Courts scars, disfigurement or other unusual conditions exist, they may be demonstrated to the mediation panel by a personal appearance; however, no testimony shall be taken or permitted of any party. f. 4. Decision—Within ten (10) days after the hearing, the mediation panel shall notify in writing each counsel of its evaluation.

E. Taxation of Arbitration Expense as a Cost. If, after trial before the district court, the party who demanded trial de novo does not obtain a judgment which, exclusive of interest and costs, is more favorable than the award of the arbitrator, the clerk shall tax as a cost against such party the fees and expenses paid to the arbitrator. The cost collected by the clerk under this rule shall be paid to the Treasury of the United States. SEMI-BINDING FORUMS 5 5 Rule 611 EVALUATION OF ARBITRATION RULES a.

HOW THE PROGRAM WORKS Because attorneys have become accustomed to Michigan Mediation over a long period of time in both state and federal courts, there is little controversy about, and wide acceptance of, the process. Almost all diversity cases are referred to mediation unless they involve a constitutional right claim, and many federal question cases are admitted as well, particularly tort and breach of contract cases. The government is often a party as either plaintiff or defendant. There is no scarcity of lawyers with considerable trial experience volunteering to be mediators.

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