Legal Question in Civil Litigation in Michigan
Definition of frivolous in monetary terms and definition of unanimous
Mediators have given my lawsuit against police a 500$ value, yet also checked the "frivolous" box on the evaluation sheet. They also checked unanimous decision, though 1 of the 3 mediators remained neutral. Could someone please explain, what seems to be 2 separate contradictions? Thank you
1 Answer from Attorneys
Re: Definition of frivolous in monetary terms and definition of unanimous
You didn't mention what sort of claim you had OR where in the process you are (for example: are you in circuit or federal court, did you survive summary judgment, did you have an attorney??). On the face of it, however, there's no contradiction.
In general, when three mediators unanimously award such a low amount, they are signalling to the defendant that it would do better to give him something than to have to litigate this case any further. $500 is an amount any police department can afford, and it's a LOT cheaper than going to trial (or spending the resources to draft a summary judgment motion and to argue it).
They checked the frivolous box, because that is a signal to you that they have heard your allegations and consider them a waste of court time and resources. Should you continue past the mediation, it is also a hint that a court may find your claim frivolous an assess damages against YOU for bringing the suit to begin with.
If you're on your own, unless the case is compelling, you should consider their recommendation to be a serious indication of the value of your claim. Sometimes, mediators screw up and miss important facts, though, so if you feel strongly about it, consider getting a second opinion.