Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961

Mich. Comp. Laws § 600.5072

Court order to participate in arbitration; conditions; domestic violence exclusion; waiver; child abuse or neglect exclusion.

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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.5072 Court order to participate in arbitration; conditions; domestic violence exclusion; waiver; child abuse or neglect exclusion.

Sec. 5072.

    (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 following:

    (a) Arbitration is voluntary.

    (b) Arbitration is binding and the right of appeal is limited.

    (c) Arbitration is not recommended for cases involving domestic violence.

    (d) Arbitration may not be appropriate in all cases.

    (e) The arbitrator's powers and duties are delineated in a written arbitration agreement that all parties must sign before arbitration commences.

    (f) During arbitration, the arbitrator has the power to decide each issue assigned to arbitration under the arbitration agreement. The court will, however, enforce the arbitrator's decisions on those issues.

    (g) The party may consult with an attorney before entering into the arbitration process or may choose to be represented by an attorney throughout the entire process.

    (h) If the party cannot afford an attorney, the party may wish to seek free legal services, which may or may not be available.

    (i) A party to arbitration will be responsible, either solely or jointly with other parties, to pay for the cost of the arbitration, including fees for the arbitrator's services. In comparison, a party does not pay for the court to hear and decide an issue, except for payment of filing and other court fees prescribed by statute or court rule for which the party is responsible regardless of the use of arbitration.

    (2) 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 party to the domestic relations matter waives this exclusion. A party cannot waive this exclusion from arbitration unless the party is represented by an attorney throughout the action, including the arbitration process, and the party is informed on the record concerning all of the following:

    (a) The arbitration process.

    (b) The suspension of the formal rules of evidence.

    (c) The binding nature of arbitration.

    (3) If, after receiving the information required under subsection (2), a party decides to waive the domestic violence exclusion from arbitration, the court and the party's attorney shall ensure that the party's waiver is informed and voluntary. If the court finds a party's waiver is informed and voluntary, the court shall place those findings and the waiver on the record.

    (4) A child abuse or neglect matter is specifically excluded from arbitration under this act.

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

Notes of Decisions
Cited in 18 cases (6 in the last 5 years), 2003–2026 · leading case: Miller v. Miller
Sort: Relevance Newest Treatment
Miller v. Miller (2005) mich · cites it 14× “We also hold that no written agreement beyond the order for binding arbitration is required (1) if the parties stipulate to entry of the order and the order meets the criteria of M.”
Johnson v. Johnson (2007) michctapp · cites it 19× “5072 governs domestic relations arbitration and provides, in relevant part: (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…”
Harvey v. Harvey (2003) michctapp · cites it 4× “§ 600.5072; (2) arbitrator qualifications and appointment, M.”
Miller v. Miller (2005) michctapp · cites it 8× “" MCL 600.5074(1). But the DRAA does not define "hearing," nor does it set forth any specific requirements for a hearing.”
Cipriano v. Cipriano (2010) michctapp · cites it 2× “MCL 600.5072(1) (e); Miller, 474 Mich at 32 .”
Washington v. Washington (2009) michctapp “Nonetheless, we have provided this detail to give context to the case and our decision.”
Harvey v. Harvey (2004) mich “MCL 600.5072. The *190 parties can seek circuit court review of the arbitration award.”
Valentine v. Valentine (2007) michctapp · cites it 2× “” MCL 600.5072(2). In this case, neither party was subject to a personal protection order and there were no allegations of domestic violence or child abuse in the pleadings or in any of the prearbitration court filings.”
Richard Aaron Mann v. Margaret Clark Whitfield (2024) michctapp · cites it 14× “] Here, the parties, their attorney, and the trial court signed a stipulated, written order that adhered to MCL 600.5072. By signing the document, the parties agreed they read the entire order, which contained the required disclosures in MCL 600.”
Melinda Fay Townsend v. Dennis William Townsend (2025) michctapp · cites it 12× “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 following: (a)…”
Kathy a MacZik v. Kenneth O MacZik (2023) michctapp · cites it 10× “5071 and 5072(1). Under MCL 600.5071, 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…”
Washington v. Washington (2009) michctapp “The parties also simultaneously signed an “Acknowledgment of Domestic Relations Arbitration Information,” seeking to comply with MCL 600.5072(1). The arbitrator had previously submitted a ruling on personal property issues, and that ruling is not a subject of this appeal.”
Show all 18 citing cases →
— Mich. Comp. Laws § 600.5072(1) — 13 cases
Johnson v. Johnson (2007) michctapp “5072 governs domestic relations arbitration and provides, in relevant part: (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…”
Washington v. Washington (2009) michctapp “Nonetheless, we have provided this detail to give context to the case and our decision.”
Miller v. Miller (2005) michctapp “" MCL 600.5074(1). But the DRAA does not define "hearing," nor does it set forth any specific requirements for a hearing.”
Cipriano v. Cipriano (2010) michctapp “MCL 600.5072(1) (e); Miller, 474 Mich at 32 .”
Washington v. Washington (2009) michctapp “The parties also simultaneously signed an “Acknowledgment of Domestic Relations Arbitration Information,” seeking to comply with MCL 600.5072(1). The arbitrator had previously submitted a ruling on personal property issues, and that ruling is not a subject of this appeal.”
— Mich. Comp. Laws § 600.5072(1)(a) — 4 cases
Miller v. Miller (2005) mich “We also hold that no written agreement beyond the order for binding arbitration is required (1) if the parties stipulate to entry of the order and the order meets the criteria of M.”
Johnson v. Johnson (2007) michctapp “5072 governs domestic relations arbitration and provides, in relevant part: (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…”
Kathy a MacZik v. Kenneth O MacZik (2023) michctapp “5071 and 5072(1). Under MCL 600.5071, 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…”
Melinda Fay Townsend v. Dennis William Townsend (2025) michctapp “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 following: (a)…”
— Mich. Comp. Laws § 600.5072(1)(c) — 2 cases
Birgit Declerck v. Pierre Desmet (2025) michctapp
Melinda Fay Townsend v. Dennis William Townsend (2025) michctapp “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 following: (a)…”
— Mich. Comp. Laws § 600.5072(1)(e) — 10 cases
Miller v. Miller (2005) mich “We also hold that no written agreement beyond the order for binding arbitration is required (1) if the parties stipulate to entry of the order and the order meets the criteria of M.”
Cipriano v. Cipriano (2010) michctapp “MCL 600.5072(1) (e); Miller, 474 Mich at 32 .”
Johnson v. Johnson (2007) michctapp “5072 governs domestic relations arbitration and provides, in relevant part: (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…”
Miller v. Miller (2005) michctapp “" MCL 600.5074(1). But the DRAA does not define "hearing," nor does it set forth any specific requirements for a hearing.”
Annette Marie Barnett v. George Henry Thomas Barnett (2022) michctapp
— Mich. Comp. Laws § 600.5072(2) — 4 cases
Valentine v. Valentine (2007) michctapp “” MCL 600.5072(2). In this case, neither party was subject to a personal protection order and there were no allegations of domestic violence or child abuse in the pleadings or in any of the prearbitration court filings.”
Richard Aaron Mann v. Margaret Clark Whitfield (2024) michctapp “] Here, the parties, their attorney, and the trial court signed a stipulated, written order that adhered to MCL 600.5072. By signing the document, the parties agreed they read the entire order, which contained the required disclosures in MCL 600.”
Birgit Declerck v. Pierre Desmet (2025) michctapp
Melinda Fay Townsend v. Dennis William Townsend (2025) michctapp “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 following: (a)…”
— Mich. Comp. Laws § 600.5072(2)(a) — 1 case
Richard Aaron Mann v. Margaret Clark Whitfield (2024) michctapp “] Here, the parties, their attorney, and the trial court signed a stipulated, written order that adhered to MCL 600.5072. By signing the document, the parties agreed they read the entire order, which contained the required disclosures in MCL 600.”
— Mich. Comp. Laws § 600.5072(3) — 1 case
Richard Aaron Mann v. Margaret Clark Whitfield (2024) michctapp “] Here, the parties, their attorney, and the trial court signed a stipulated, written order that adhered to MCL 600.5072. By signing the document, the parties agreed they read the entire order, which contained the required disclosures in MCL 600.”
— Mich. Comp. Laws § 600.5072(e) — 2 cases
Johnson v. Johnson (2007) michctapp “5072 governs domestic relations arbitration and provides, in relevant part: (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…”
Kathy a MacZik v. Kenneth O MacZik (2023) michctapp “5071 and 5072(1). Under MCL 600.5071, 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…”
— Mich. Comp. Laws § 600.5072(l)(a) — 2 cases
Miller v. Miller (2005) mich “We also hold that no written agreement beyond the order for binding arbitration is required (1) if the parties stipulate to entry of the order and the order meets the criteria of M.”
Johnson v. Johnson (2007) michctapp “5072 governs domestic relations arbitration and provides, in relevant part: (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…”
— Mich. Comp. Laws § 600.5072(l)(e) — 3 cases
Miller v. Miller (2005) mich “We also hold that no written agreement beyond the order for binding arbitration is required (1) if the parties stipulate to entry of the order and the order meets the criteria of M.”
Johnson v. Johnson (2007) michctapp “5072 governs domestic relations arbitration and provides, in relevant part: (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…”
Miller v. Miller (2005) michctapp “" MCL 600.5074(1). But the DRAA does not define "hearing," nor does it set forth any specific requirements for a hearing.”
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