November 30, 2006, Introduced by Reps. Kolb and Lemmons, III and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5078 (MCL 600.5078), as added by 2000 PA 420.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5078. (1) Unless otherwise agreed by the parties and
arbitrator in writing or on the record, the arbitrator shall issue
the written award on each issue within 60 days after either the end
of the hearing or, if requested by the arbitrator, after receipt of
proposed findings of fact and conclusions of law.
(2) Subject to the other restrictions in this subsection, if
the parties reach an agreement regarding child support, custody, or
parenting time, the agreement shall be placed on the record by the
parties under oath and shall be included in the arbitrator's
written award. An arbitrator shall not include in the award a child
support amount that deviates from the child support formula
developed by
the state friend of the court bureau pursuant to the
child support formula commission act unless the arbitrator complies
with the same requirements for such a deviation prescribed for the
court under the law that applies to the domestic relations dispute
that is being arbitrated.
(3) An arbitrator under this chapter retains jurisdiction to
correct errors or omissions in an award until the court confirms
the award. Within 14 days after the award is issued, a party to the
arbitration may file a motion to correct errors or omissions. The
other party to the arbitration may respond to such a motion within
14 days after the motion is filed. The arbitrator shall issue a
decision on the motion within 14 days after receipt of a response
to the motion or, if a response is not filed, within 14 days after
expiration of the response period.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6698(request no.
03402'05).
(b) Senate Bill No.____ or House Bill No. 6699(request no.
03402'05 a).