Michigan Compiled Laws

Mich. Comp. Laws § 600.5071 (2026)

Stipulation to binding arbitration; agreement.

✓ current as of July 2026
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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.5071 Stipulation to binding arbitration; agreement.

Sec. 5071.

    Parties to an action for divorce, annulment, separate maintenance, or child support, custody, or parenting time, or to a postjudgment proceeding related to such an action, may stipulate to binding arbitration by a signed agreement that specifically provides for an award with respect to 1 or more of the following issues:

    (a) Real and personal property.

    (b) Child custody.

    (c) Child support, subject to the restrictions and requirements in other law and court rule as provided in this act.

    (d) Parenting time.

    (e) Spousal support.

    (f) Costs, expenses, and attorney fees.

    (g) Enforceability of prenuptial and postnuptial agreements.

    (h) Allocation of the parties' responsibility for debt as between the parties.

    (i) Other contested domestic relations matters.

History: Add. 2000, Act 419, Eff. Mar. 28, 2001

Notes of Decisions
Cited in 17 cases (9 in the last 5 years), 2003–2025 · leading case: Miller v. Miller, 707 N.W.2d 341 (Mich. 2005).
Miller v. Miller, 707 N.W.2d 341 (Mich. 2005). · cites it 8× “§ 600.5071 and M.C.L. § 600.5072(1)(e). Here, the parties entered into a written agreement satisfying these requirements when they stipulated to entry of the particularized order for binding arbitration that the court in due course entered.”
Harvey v. Harvey, 668 N.W.2d 187 (Mich. Ct. App. 2003). · cites it 6× “§ 600.5071. However, the act sets forth detailed mandatory requirements for binding domestic-relations arbitration, which in this case were not met: (1) information of rights and domestic violence exclusion and waiver, M.”
Miller v. Miller, 691 N.W.2d 788 (Mich. Ct. App. 2005). · cites it 6× “MCL 600.5071. On May 24, 2002, the trial court heard arguments and rejected plaintiff's objections and entered a judgment of divorce that incorporated the "arbitral award.”
Cipriano v. Cipriano, 289 Mich. App. 361 (Mich. Ct. App. 2010). “We reverse this order of the trial court and remand the case to the trial court to reinstate the $5,500 monthly payments that were awarded in arbitration.”
Valentine v. Valentine, 742 N.W.2d 627 (Mich. Ct. App. 2007). “MCL 600.5071. However, if “either party is subject to a personal protection order involving domestic violence or if, in the pending domestic relations matter, there are allegations of domestic violence or child abuse, the court shall not refer the case to arbitration unless each…”
Vita S Shannon v. Aron L Ralston (Mich. Ct. App. 2019). · cites it 6× “Because the arbitrator did not exceed his authority or commit an obvious error of law, it follows that the trial court did not err in denying plaintiff’s motion to vacate the arbitrator’s opinion.”
Annette Marie Barnett v. George Henry Thomas Barnett (Mich. Ct. App. 2022). · cites it 5× “5071 of the DRAA, which permits parties to a divorce action to “stipulate to binding arbitration” by signing an agreement that specifically provides for an award with respect to specified issues. Under MCL 600.5072(1), a party may not be ordered to participate in binding…”
Karen W Magdich v. Michael Lawson Magdich (Mich. Ct. App. 2024). · cites it 4× “[MCL 600.5071.] 2 We also disagree with wife’s assertion that husband’s argument as to this issue is an appellate parachute.”
Melinda Fay Townsend v. Dennis William Townsend (Mich. Ct. App. 2025). · cites it 4× “MCL 600.5071. In addition, MCL 600.5072 provides: (1) The court shall not order a party to participate in arbitration unless each party to the domestic relations matter acknowledges, in writing or on the record, that he or she has been informed in plain language of all of the…”
Kathy a MacZik v. Kenneth O MacZik (Mich. Ct. App. 2023). · cites it 3× “5071, parties in a divorce action may “stipulate to binding arbitration by a signed agreement that specifically provides for an award” with respect to a variety of issues including: “allocation of the parties’ responsibility for debt as between the parties;” “real and personal…”
Est. of Mary Lee Fishman-Piku v. Stephen Piku Jr (Mich. Ct. App. 2017). · cites it 2× “Defendant challenges this provision in a single sentence, stating: “To the extent the trial court requires the receiver to determine costs, the trial court has improperly appointed the receiver as a binding arbitrator in violation of the consent provisions of the Domestic…”
Norman Davidson v. Wendy Davidson (Mich. Ct. App. 2021). · cites it 2× “MCL 600.5071 of the domestic relations arbitration act (DRAA), MCL 600.”
— Mich. Comp. Laws § 600.5071(a) — 1 case
— Mich. Comp. Laws § 600.5071(c) — 1 case
— Mich. Comp. Laws § 600.5071(i) — 1 case
Karen W Magdich v. Michael Lawson Magdich (Mich. Ct. App. 2024). “[MCL 600.5071.] 2 We also disagree with wife’s assertion that husband’s argument as to this issue is an appellate parachute.”
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