ADR FREQUENTLY ASKED QUESTIONS

1. I've already paid a filing fee and a jury fee, so why do I have to pay for, and go through, case evaluation too?

   Case evaluation is a form of ADR (Alternative Dispute Resolution) and can be ordered by the sitting judge on any civil case. It's intent is to possibly settle a case before it goes to trial. This would be a tremendous financial savings for the respective parties as well as the litigants. The $75 fee is paid by both the plaintiff, and the defendant, and is divided three ways in order to pay the attorneys that sit as case evaluators and require compensation for their expertise in the field.

2. What happens if I don't pay the fee or don't appear for the case evaluation?

   MCR 2.403 (H)(1) requires payment of a $75 fee for case evaluation if the case is sent through that process. If the fee is not paid, the sitting panel may refuse to hear the case until the fee is paid. Additionally, the offending party may be subject to a show cause hearing as to why the fee was not paid in a timely manner. While parties are not required to participate in the case evaluation hearing, the representing attorneys are required to be present. If an attorney does not appear for a scheduled hearing, they may be subject to a show cause hearing as to why they were absent.

3. What should I do if my case settles before the date of the case evaluation?

   If a case settles prior to the date of case evaluation, the respective attorney's should prepare a stipulated order to dismiss the action in its' entirety and submit it to the respective judge. If the fee was paid and the case settles at least 2 weeks prior to the hearing then the respective parties can request that the fee be returned to them.

4. If I go through case evaluation, do I still have to go through other types of alternative dispute resolution?

   If a case goes through the case evaluation process, and does not settle, there is a possibility the case may be ordered to another ADR process. Both the judge,the representing attorneys, and/or even the parties themselves may request such an addition process.