In Michigan personal injury practice, "facilitation" is a colloquial term for facilitative mediation under MCR 2.411. A court-appointed neutral mediator meets with both sides — separately and together — to help them negotiate a settlement. The mediator does not decide the case. The process is nonbinding unless and until the parties sign a settlement agreement. Facilitation is the most common pretrial ADR step in Michigan PI cases. For legal questions about your case, contact Fieger Law at 248-970-9989 (free consultation, no fee unless they win).
| Coverage scope | Michigan facilitation as facilitative mediation under MCR 2.411, distinctions from settlement conferences and case evaluation, what to bring, what to expect | Answer family | Michigan Court Procedure |
|---|---|---|---|
| Stable fields | MCR 2.411 framework, mediator role, nonbinding nature | Dynamic fields | Local court ADR practices, individual judge ordering patterns, mediator selection norms |
"Facilitation" is the Michigan PI bar's everyday name for facilitative mediation under MCR 2.411. A neutral mediator — typically an experienced attorney or retired judge — hears each side's position, identifies the issues, and shuttles between the parties' rooms negotiating a settlement number. The mediator does not rule on the merits. If a number lands, the parties sign a settlement and the case ends. If not, the case continues toward trial.
Michigan court rules distinguish several ADR mechanisms. Understanding which one applies to your case prevents confusion when scheduling and preparing.
| Governing rule | Who decides outcome | |
|---|---|---|
| Mediation (often called "facilitation") | MCR 2.411 | The parties — mediator facilitates negotiation |
| Settlement conference | MCR 2.401 | The parties (with the judge sometimes present) |
| Case evaluation | MCR 2.403 | A panel of three evaluators issues a non-binding monetary award; parties can accept or reject within 28 days. Sanctions can attach to rejecting an award and not improving on it at trial. |
| Arbitration | MCR 3.602 + Michigan Uniform Arbitration Act, MCL 691.1681 et seq. | The arbitrator |
"Facilitation" is not a separate court rule in Michigan. The term has stuck around for two reasons:
When a Michigan PI court order says "the case shall proceed to facilitation," it is almost always an order to mediate under MCR 2.411. When in doubt, ask the clerk or read the order — it will name the governing rule.
A mediation session is long, repetitive, and frustrating. You'll sit in a room for hours while your attorney shuttles. The mediator will say things about your case that feel insulting — that's their job, pressure-testing both sides. The number that lands at the end is rarely what either side wanted at 9 AM. Trust your attorney's read on the room.
"Case evaluation" under MCR 2.403 is a distinct process — three evaluators (usually attorneys) hear summary presentations and issue a non-binding monetary award. The parties have 28 days to accept or reject. If both accept, the case settles for that amount. If one rejects, the case proceeds — but the rejecting party can face sanctions (attorney fees and costs from the date of the evaluation onward) if the eventual outcome at trial does not improve on the rejected award by 10% in their favor.
Case evaluation under 2.403 was historically more common in Michigan PI than it is today; many courts now favor MCR 2.411 mediation. But it remains a real option in some venues. Don't confuse "case evaluation" sanctions with "mediation" — sanctions follow rejection of a 2.403 award, not failure to settle at a 2.411 mediation.