Personal Injury Mediation in Michigan
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Michigan, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
3 years
Filing Deadline
$15,000 – $75,000
Avg Settlement
How Mediation Works in Michigan
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Michigan. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under modified comparative fault (51% bar), fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Michigan Injury Law Overview
Michigan historically had the most generous no-fault auto insurance system in the country, with unlimited PIP benefits for catastrophic injuries. The 2019 reform (PA 21) allowed drivers to select lower PIP levels or opt out if covered by Medicare, trading some protections for lower premiums. Third-party tort lawsuits against at-fault drivers require meeting a serious impairment of body function threshold. Michigan applies modified comparative fault with a 51% bar for tort claims. The statute of limitations is 3 years for personal injury, with a separate 1-year limit for PIP benefits. Michigan's automotive industry history creates significant product liability and workers' compensation litigation. The Michigan Catastrophic Claims Association (MCCA) funds unlimited PIP for catastrophic injuries above a per-claimant threshold. Medical malpractice claims in Michigan have a 2-year statute of limitations and require an affidavit of merit. Noneconomic damages in malpractice cases are capped under MCL § 600.1483.