Michigan ADR Rules Have Changed
The Michigan Court Rules governing mandatory case evaluation have changed significantly effective January 1, 2022. Prior to this date Michigan had a mandatory “case evaluation” hearing on almost all litigated actions. This was in lieu of any court ordered, contractually agreed upon or voluntary ADR conferences such as arbitration or facilitation (mediation).
Pursuant to MCR 2.403(A)(1), case evaluation is no longer mandated in tort actions. To opt out of case evaluation, the litigants may stipulate to and identify an alternative form of ADR within 120 days after the first responsive pleading is filed. The litigants must agree that the ADR will be completed within sixty (60) days after the close of discovery and present the plan to the court for approval. MCR 2.403(0), which previously imposed sanctions upon a party rejecting a case evaluation award, has been revised to eliminate sanctions.
The Offer of Judgment Rule, MCR 2.405, has remained relatively unchanged. The rule permits sanctions against a rejecting party including actual costs and attorney fees since the prevailing party’s last offer or counteroffer.
Click on the link to read the amendments to Michigan Court Rules 2.403, 2.404, and 2.405. Contact attorney Peter Alexander if you would like further information or to discuss a potential matter.
About Alexander & Angelas, P.C.
Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Attorneys practice in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio. Since its founding in 1992, the firm has litigated over 4,000 civil cases.
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan and Northern Ohio.
Alexander & Angelas, P.C. measures its performance based upon three key metrics: aging of claims, indemnity expense, and legal defense costs. The firm refuses to over-litigate cases merely to increase legal fees and strives to resolve matters within one year from initial case assignment. Visit Alexander & Angelas online at https://www.alexanderandangelas.com/ for more information. Partner Peter A. Angelas is available to discuss a confidential matter.
Alexander & Angelas assists clients in legal disputes involving no-fault insurance, PIP, insurance coverage, attendant care, replacement services, work loss benefits, medical benefits, allowed expenses, allowable expenses, insurance disputes, insurance dispute, coverage litigation, coverage, insurance coverage, EUO, inured, claimant, premises liability, rescission, declaratory relief, fraud, insurance fraud, policy, policy limits, limitation of coverage, exclusion, exclusions.
