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From the State Court Administrator's explanation of the new law

From the State Court Administrator's explanation of the new law

NEW Mediation Laws for Domestic Violence Cases

May 4, 2016

Enrolled House Bill No. 4476 has been signed into law by Governor Snyder, and has been assigned Public Act 93 of 2016. 

 

The Act does several things.  First, it reiterates a current court rule provision [MCR 3.216(C)] stating that a case in which a personal protection order has been issued may not be ordered to mediation absent a hearing, or unless mediation is requested by the protected person.

 

Second, the Act creates an affirmative duty on the part of domestic relations mediators to “make a reasonable inquiry as to whether either party has a history of a coercive or violent relationship with the other party.”  A reasonable inquiry “includes the use of the domestic violence screening protocol for mediation provided by the state court administrative office....”

 

Finally, the Act requires that mediators “make reasonable efforts throughout the domestic relations mediation process to screen for the presence of coercion or violence that would make mediation physically or emotionally unsafe for any participant, or that would impede the achievement of a voluntary and safe resolution of issues.”

 
 
You can read the law here: http://www.legislature.mi.gov/(S(ekxiy0lwmnhvu4kgtuy04ms2))/mileg.aspx?page=GetObject&objectname=2015-HB-4476
 

 

 

 

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