Section 552.513 - Alternative dispute resolution; approval of plan; agreement; consent order; confidentiality of communications; minimum qualifications of mediator.
FRIEND OF THE COURT ACT (EXCERPT)
Act 294 of 1982
552.513 Alternative dispute resolution; approval of plan; agreement; consent order; confidentiality of communications; minimum qualifications of mediator.
Sec. 13.
(1) In a friend of the court case, the office shall provide, either directly or by contract, alternative dispute resolution to assist the parties in settling voluntarily a dispute concerning child custody or parenting time. The alternative dispute resolution shall be provided pursuant to a plan approved by the chief judge and the state court administrative office. The plan shall be consistent with standards established by the state court administrative office under the supervision and direction of the supreme court and shall include minimum qualifications and training requirements for alternative dispute resolution providers and a designation of matters that are subject to alternative dispute resolution by various means. A party shall not be required to meet with a person conducting alternative dispute resolution.
(2) If an agreement is reached by the parties through friend of the court alternative dispute resolution, a consent order incorporating the agreement shall be prepared by an employee of the office or individual approved by the court using a form provided by the state court administrative office, under the supervision and direction of the supreme court, or approved by the chief judge. The consent order shall be provided to, and shall be entered by, the court.
(3) Except as provided in subsection (2), a communication between a friend of the court alternative dispute resolution provider and a party pertaining to the matter subject to resolution is confidential as provided in court rule.
(4) An employee of the office or other person who provides
alternative dispute resolution services under a plan approved under subsection (1) shall have all of the following qualifications:
(a) Possess knowledge of the court system of this state and the procedures used in domestic relations matters.
(b) Possess knowledge of other resources in the community to which the parties to a domestic relations matter can be referred for assistance.
(c) Other qualifications as prescribed by the state court administrative office under the supervision and direction of the supreme court.
(5) A domestic relations mediator who performs mediation pursuant to a plan approved under subsection (1) shall have all of the following minimum qualifications:
(a) One or more of the following:
(i) A license or a limited license to engage in the practice of psychology under parts 161 and 182 of the public health code, 1978 PA 368, MCL 333.16101 to 333.16349 and 333.18201 to 333.18237, or a master's degree in counseling, social work, or marriage and family counseling; and successful completion of the training program provided by the bureau under section 19(3)(b).
(ii) Not less than 5 years of experience in family counseling, preferably in a setting related to the areas of responsibility of the friend of the court and preferably to reflect the ethnic population to be served, and successful completion of the training program provided by the bureau under section 19(3)(b).
(iii) A graduate degree in a behavioral science and successful completion of a domestic relations mediation training program certified by the bureau with not less than 40 hours of classroom instruction and 250 hours of practical experience working under the direction of a person who has successfully completed a program certified by the bureau.
(iv) Membership in the state bar of Michigan and successful completion of the training program provided by the bureau under section 19(3)(b).
(b) Knowledge of the court system of this state and the procedures used in domestic relations matters.
(c) Knowledge of other resources in the community to which the parties to a domestic relations matter can be referred for assistance.
(d) Knowledge of child development, clinical issues relating to children, the effects of divorce on children, and child custody research.
History: 1982, Act 294, Eff. July 1, 1983 ;-- Am. 1996, Act 144, Imd. Eff. Mar. 25, 1996 ;-- Am. 2002, Act 571, Eff. June 1, 2003 ;-- Am. 2009, Act 233, Imd. Eff. Jan. 8, 2010
Popular Name: Friend of the Court