By Timothy Cole, Management Analyst, Friend of the Court Bureau
Some of the most significant changes from the new court rule are:
- All Michigan circuit courts must have an FOC ADR plan approved by the State Court Administrative Office (SCAO) and the chief judge;
- Using an SCAO approved domestic violence screening protocol, all FOC cases scheduled for FOC ADR must be screened for domestic violence before the ADR session begins;
- Allows the FOC to exempt cases from FOC ADR;
- Creates a standard process for referring domestic relations cases to FOC ADR;
- Creates standard procedures for parties to object to FOC ADR participation;
- FOC ADR providers must meet SCAO training qualifications;
- Attorneys of record must be allowed to attend and participate in all FOC ADR processes or elect not to attend upon mutual agreement; and
- FOC ADR process may not be recorded.
There are three types of FOC ADR services outlined in the new court rule: statutory mediation, facilitative information-gathering conferences (similar to what was previously referred to as “conciliation”), and joint meetings. Courts must provide FOC domestic relations mediation and have the option to provide the other FOC ADR processes. Much of the mediation procedures provided for in the court rule mirror those in MCR 3.216 “Domestic Relations Mediation.” Joint meetings are authorized by MCL 552.642a but previously had no formal procedures. The joint meetings language addresses gaps in the statute and will help develop uniformity across courts. The new court rule’s language about facilitative information-gathering conferences establishes formal procedures for what were previously local ad hoc practices but contains elements of local procedures with additional due process safeguards.
The court rule requires SCAO to develop a domestic violence screening protocol and forms for reports and orders. The following forms were developed by SCAO to assist courts with FOC ADR processes:
- Domestic violence screening document (FOC 124) – must be used before any FOC ADR process is held;
- FOC ADR Summary Report (FOC 125) – must be used after facilitative and information-gathering conferences and joint meetings, both when parties reach an agreement and when they do not reach an agreement;
- FOC Custody and Parenting Time Order (FOC 89) – must be used when parties reach an agreement after mediation and when parties reach an agreement or do not reach an agreement after facilitative and information-gathering conferences and joint meetings.
- Mediation Status Report (MC 280) – must be used after mediation when parties reach an agreement and when they do not reach an agreement.
For additional information about FOC ADR processes, please see:
SCAO will be scheduling trainings to assist FOC staff in meeting the FOC ADR court rule qualifications.
If courts or FOC staff have any questions about FOC ADR procedures, please contact Timothy Cole at ColeT@courts.mi.gov or (517) 373-9663.
