CLARE COUNTY FOC

Michigan Court Rule (MCR) 3.224 outlines the procedures that courts must follow when conducting Friend of the Court alternative dispute resolution (ADR). This court rules requires all Michigan circuit courts to have an FOC ADR plan, approved by the State Court Administrative Office (SCAO) and the chief judge. It also requires the following:

• Domestic violence screening  – must be used before any FOC ADR process is held;
• Allows the FOC to exempt cases from FOC ADR; 
• Creates a standard process for referring domestic relations cases to FOC ADR;
• Creates standard procedures for parties to object to FOC ADR participation;
• Attorneys of record must be allowed to attend and participate in all FOC ADR processes or elect not to attend upon mutual agreement; and
• FOC ADR process may not be recorded. 

There are three types of FOC ADR services outlined in the court rule: statutory mediation, facilitative information-gathering conferences (similar to what was previously referred to as “conciliation”), and joint meetings.  Courts are required to provide FOC domestic relations mediation but have the option of whether to provide the other FOC ADR processes.  

 

• Domestic violence screening document (FOC 124) – must be used before any FOC ADR process is held; 
• FOC ADR Summary Report (FOC 125) – must be used after facilitative and information-gathering conferences and joint meetings, both when parties reach an agreement and when they do not reach an agreement;
• FOC Custody and Parenting Time Order (FOC 89) – must be used when parties reach an agreement after mediation and when parties reach an agreement, or do not reach an agreement, after facilitative and information-gathering conferences and joint meetings. 
• Mediation Status Report (MC 280) – must be used after mediation when parties reach an agreement and when they do not reach an agreement.