The program is designed to have a mediation session with the plaintiff/prisoner, a representative from the Michigan Department of Corrections (MDOC), an attorney from the Michigan Attorney General's office, and an attorney mediator, with the goal of reaching an early resolution of the case.

Cases that only involve the MDOC or MDOC employees are eligible for mediation. Cases that have non-MDOC defendants (most commonly medical contractor defendants) are not included in the program. Additionally, cases deemed eligible for the program have survived initial screening by the Court's Staff Attorneys Office.

Mediation sessions take place over Zoom and are held on Tuesday mornings and afternoons, taking no more than three hours. The mediation sessions are scheduled at 9:00 AM and 1:00 PM.

The Court's prisoner mediation coordinator is also present during the mediations and coordinates scheduling the Zoom as well as sending out documents related to the mediation.

Typical settlements usually involve a monetary settlement ranging from $50 to several hundred dollars. Settlements may also include non-monetary components.

If a settlement is reached, the magistrate judge overseeing the program will be asked to join the conference and place the settlement on the record.

Program History and Success:

The Pro Se Prisoner Early Mediation Program ("Program") went into effect on October 15, 2018 for two years and has been extended multiple times since then. The mediations were initially held in-person but transitioned to virtual hearings in 2020 and will continue to be held virtually.

After screening by Court staff attorneys, most prisoner civil rights cases are deemed ineligible for the Program. Of those deemed eligible, a prisoner can opt out of the Program before a mediation is held. Somewhere between 10-15% of the prisoner civil rights cases are then scheduled for a mediation conference with a volunteer mediator. The Program averages approximately 7 mediations a month.

Historically, the Program has resulted in settlements 25-35% of the time. These successful resolutions allow for the case to be dismissed before any discovery or dispositive motions are filed in the case.

Comments from some prisoner plaintiffs that have participated in the program include:

• [The mediator] was very helpful and easy to talk to. He did an exceptional job of mediating this case. Thanks to the court as well."

• "[This process provided] more care and concern for my litigation issue."

Attorneys can assist in two ways:

1. Serve as a volunteer mediator
2. Assist the plaintiff during the mediation process, including drafting the mediation documents (Mediation Statement and Mediation Supplement) for the plaintiff before the mediation session, and virtually attending the mediation session with the plaintiff to provide guidance during settlement negotiations.

Those interested should send an email to PrisMediation@mied.uscourts.gov indicating they would like to be involved.

Training:

For those interested in serving as a volunteer mediator, the Court will send them a recording of a training session that was held when the Program was first implemented along with other training materials to read. The recording is approximately five-and-a-half-hours long.

New mediators will also be paired with a veteran mediator, whom they can ask questions to and observe during a mediation session.

For those interested in assisting the plaintiff during the mediation process, the Court will send them the Prisoner Informational Video for review, which is approximately 18 minutes long. It is the same video the prisoners watch at the facility a few months before the scheduled mediation session.

For mediators, virtual mediation sessions last up to three hours and will require some time reviewing the mediation documents and preparing for the mediation, which involves reviewing case documents and talking by phone or video with the plaintiff and Michigan Attorney General. A volunteer mediator's total time on a case is, at most, five hours.

For attorneys assisting the plaintiff during the mediation process, the drafting of the mediation documents takes roughly two and a half hours to complete. Attending the mediation session virtually to assist the plaintiff may last up to three hours. In total, drafting the mediation documents and virtually attending the mediation session totals about five and a half hours. Additional time may be expended in talking to the plaintiff by phone or video prior to the mediation session.

Do I have to have previous training and experience as a mediator in order to volunteer?

No. The Court will provide training on both being a mediator, as well as assisting the plaintiff during the mediation process.

Do I have to know anything about civil rights laws or the Michigan prison system to volunteer?

All volunteers have to go through an initial training, but the program does not expect the mediators to have expertise in prisons or civil rights.

Do I have to be admitted to the State Bar of Michigan to volunteer?

No. Any admitted attorney to the Eastern District of Michigan in good standing can volunteer.

For more information:

For more information, please contact the program administrator at PrisMediation@mied.uscourts.gov.