February 2, 2005, Introduced by Reps. Pastor and Gosselin and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 4921 and 4969 (MCL 600.4921 and 600.4969), as
added by 1986 PA 178.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
4921. (1) If a party has rejected rejects an evaluation
under this chapter 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%
20% below the evaluation , and is considered
more favorable to
the
plaintiff if it is more than 10% 20% 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 under
this section if the evaluation was not unanimous.
Sec.
4969. (1) If a party has rejected rejects an evaluation
under this chapter 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%
20% below the evaluation , and is considered
more favorable to
the
plaintiff if it is more than 10% 20% 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 under
this section if the evaluation was not unanimous.