Michigan Compiled Laws
236-1961-49 - Chapter 49 (600.4901...600.4923)
Section 600.4921 - Payment of Actual Costs; Adjustment of Verdict; Scope of Actual Costs; Condition Prohibiting Award of Costs.

Sec. 4921.
(1) If a party has rejected an evaluation and the action proceeds to trial, that party shall pay the opposing party's actual costs unless the verdict is more favorable to the rejecting party than the mediation evaluation. However, if the opposing party has also rejected the evaluation, that party is entitled to costs only if the verdict is more favorable to that party than the mediation evaluation.
(2) For the purpose of subsection (1), a verdict shall be adjusted by adding to it assessable costs and interest on the amount of the verdict from the filing of the complaint to the date of the mediation evaluation. After this adjustment, the verdict is considered more favorable to a defendant if it is more than 10% below the evaluation, and is considered more favorable to the plaintiff if it is more than 10% above the evaluation.
(3) For the purpose of this section, actual costs include those costs taxable in any civil action and a reasonable attorney fee as determined by the trial judge for services necessitated by the rejection of the mediation evaluation.
(4) Costs shall not be awarded if the mediation award was not unanimous.
History: Add. 1986, Act 178, Eff. Oct. 1, 1986 Compiler's Notes: Section 3 of Act 178 of 1986 provides:“(1) Sections 2925b, 5805, 5838, and 5851 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to causes of action arising before October 1, 1986.“(2) Sections 1483, 5838a, and 6304 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to causes of action arising on or after October 1, 1986.“(3) Sections 1629, 1653, 2169, 2591, 2912c, 2912d, 2912e, 6098, 6301, 6303, 6305, 6306, 6307, 6309, and 6311 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after October 1, 1986.“(4) Sections 1651 and 6013 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to cases filed before October 1, 1986.“(5) Chapter 49 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after January 1, 1987.“(6) Chapter 49a of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed in judicial circuits which are comprised of more than 1 county on or after July 1, 1990 and shall apply to cases filed in judicial circuits which are comprised of 1 county on or after October 1, 1988.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 600 - Revised Judicature Act of 1961

Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)

236-1961-49 - Chapter 49 (600.4901...600.4923)

Section 600.4901 - “Panel” Defined.

Section 600.4903 - Mediation of Action Alleging Medical Malpractice; Time for Referring Action to Mediation; Hearing by Mediation Panel.

Section 600.4905 - Mediation Panel; Selection and Qualifications of Members; Judge as Member; Grounds for Disqualification as Mediator.

Section 600.4907 - Mediation Clerk; Designation; Setting Time and Place for Mediation Hearing; Notice; Adjournments.

Section 600.4909 - Mediation Fee.

Section 600.4911 - Submission of Documents and Brief or Summary to Mediation Clerk; Penalty for Failure to Submit Materials.

Section 600.4913 - Right of Party to Attend Mediation Hearing; Personal Appearance to Demonstrate Unusual Conditions; Testimony Prohibited; Rules of Evidence Inapplicable; Factual Information; Limitation on Oral Presentation; Requests and Inquiries b...

Section 600.4915 - Evaluation by Panel; Notice; Contents of Evaluation; Determination That Action or Defense Is Frivolous; Posting Cash or Surety Bond; Payment of Costs and Attorney Fees; Separate Awards; Treating Claims as Single Claim.

Section 600.4917 - Filing Written Acceptance or Rejection of Evaluation; Failure to File as Acceptance; Disclosure of Acceptance or Rejection; Notice; Rules Applicable in Mediations Involving Multiple Parties.

Section 600.4919 - Entry of Judgment; Action to Proceed to Trial Upon Rejection; Placing Copies of Evaluation, Acceptances, and Rejections in Sealed Envelope; Filing Envelope With Clerk of Court; Opening Envelope; Evaluation Not Exceeding Jurisdictio...

Section 600.4921 - Payment of Actual Costs; Adjustment of Verdict; Scope of Actual Costs; Condition Prohibiting Award of Costs.

Section 600.4923 - Delay of Trial Date Scheduled in Advance of Date Set for Mediation Hearing; Applicability of Section.