This Order on Motion to Remove Case from Mediation is an official document from the Michigan State Court Administration Office, and it complies with all applicable state and Federal codes and statutes. USLF updates all state and Federal forms as is required by state and Federal statutes and law.
Michigan Order On Motion To Remove Case From Mediation
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FAQ
Can I still go to court if mediation does not work out? If you and the other people in the legal matter can't resolve the problem in mediation, it is still possible to go to court and have a hearing.
You don't have to go to mediation, but if you end up having to go to court to sort out your differences, you normally need to prove you've been to a mediation information and assessment meeting (MIAM). This is an introductory meeting to explain what mediation is and how it might help you.
If the mediation resulted in a settlement or agreement, once the releases are signed and the payment is made, the lawyers will send a dismissal order to the judge who signs the order. At that point, the legal case is resolved and in most civil cases the parties will not need to return to court.
Any agreements made during mediation are not legally binding in the sense of being enforceable in a court. Some people do decide to get a solicitor to look over the agreement, and the agreement can be used in court at a later stage in order to create a Consent Order.
In the situation where the parties have determined that the mediation is over, part of the mediator's obligation is to close the mediation in writing. A simple letter stating something to the effect that the parties have chosen to end the mediation on (date) and by this Notice the mediation is officially closed.
The mediator does not have authority to make a decision in the case. If you are unable to reach an agreement during the mediation process, the parties are free to continue negotiations outside of the mediation process (either through their attorneys or directly with one another).
A motion to vacate will basically invalidate the mediation agreement in full. That means nothing in the agreement will apply to you or the other parties if the motion is granted. A judge will decide whether to vacate the agreement.
Go to court for a trial. If you fail to make progress through mediation, you can take your issue to court for the judge to decide. Try mediation a second time. You can continue to negotiate on your own.
In a successful mediation, the parties decide the outcomes of the case, rather than allowing a third party to do it for them. If the mediation fails, then the parties simply proceed to trial, and treat the mediation as if it never happened. The jury never hears about what happened at the mediation.