Monday, December 19, 2016

C03's Pre-Judgment Pilot Program

By John Frasik, Director of Family Assessment, Mediation, and Education

On May 12, 2016, the 3rd Circuit Court launched its Pre-Judgment Pilot Program.  A committee led by Judge Kathleen McCarthy, Presiding Judge of the Family Division, developed the program to determine whether conference-style meetings that actively involve parents, legal counsel, and an assigned judicial team including the referee, mental health clinician, and support specialist will result in more positive outcomes for families and reduce recurring litigation.  The team approach allows the parties to build a relationship of trust with each other and the friend of the court. 

The team is working with Oakland University on a formal research project that will track the cases over a two-year period to compare the level of litigation on pilot program cases with traditionally litigated pre-judgment cases.  In addition to tracking the success of conference-style meetings versus traditional litigation, the pilot program streamlines the traditional process used by the Wayne County Friend of the Court to handle pre-judgment motion filings. 

Traditionally, when pre-judgment motions involving custody or parenting time without child support are filed, the assigned referee conducts a hearing and issues a recommendation addressing the non-child support issues.  When a pre-judgment motion/objection is filed requesting child support, a referee hearing is scheduled on the court’s expedited docket.  The parties first meet with a domestic relations referee who discusses child support and other issues such as custody and parenting time.  Ultimately, the domestic relations referee makes a temporary recommendation addressing custody, child support, and parenting time.  The parties may accept or reject the recommendation.  If either party objects to any of the issues addressed in the friend of the court recommendation, they appear before a referee who hears arguments on the record and ultimately issues a recommendation within 21 days.  Parties must file any objection within 21 days of the date the recommendation was mailed to them. 

Because the referee, mental health expert, and support specialist are present during the conference, regardless of the relief requested in the parties’ motion, the parties will address custody, child support, and parenting time issues pursuant to MCL 722.24(1), as well as any other issues.  The pilot program is set up to be much less intimidating for litigants, especially those who are not represented, with all participants sitting together at the table.  Parties are scheduled for a pilot-program conference in a dedicated time slot and do not have the stress of competing with other cases or “airing their dirty laundry” in open court.  They are also given the contact information for their team.


In order to properly screen cases, the mental health specialist meets with each party individually to assess whether there are concerns about domestic violence, child abuse, substance abuse, or mental illness.  The mental health specialist also assesses whether it is necessary to complete a custody/parenting time evaluation; which would occur at a different date.  If both parties are represented by counsel, the referee meets with the attorneys to discuss outstanding issues and potential resolutions.  The support specialist simultaneously reviews the parties’ income information and inputs the information into MiCSES.

Once the mental health professional is finished screening the parties, the judicial team, litigants, and attorneys come together to discuss the issues and potential resolutions.  In some cases, for safety reasons, the parties are kept in separate rooms.  The referee issues a friend of the court recommendation and the parties are given the opportunity to agree or object to all or a portion of the recommendation.  Any objections are noted on the recommendation.  Because a hearing is not held and a friend of the court recommendation (rather than a referee recommendation) is issued, the parties do not have to wait the 21-day objection period to obtain a signed order from the judge.  Also, if either party objects they are given a date to appear before the Honorable Adel A. Harb within two to three weeks for a hearing on the issues they were unable to agree upon.

Feedback from litigants and attorneys has been positive.  During the period May 12, 2016, through October 20, 2016, 34 cases were scheduled and 20 appeared.  Of those 20 cases, 16 reached full agreements and another 2 reached partial agreements; which is a 90 percent success rate.

Because of the success of this project, it will be expanded to two additional dockets in February 2017.

If you would like additional information, please contact John Frasik at john.frasik@3rdcc.org or 313-224-5261.




John Frasik is a certified mediator and mediator trainer.  He has been with the 3rd Circuit Court for 23 years and with the court’s family assessment unit for 16 years.