Bennett v. Medical Evaluation Specialists

In this case, we are asked to resolve what is the proper sanction for an intentional violation of MCR 2.403(N)(4). We hold that when a party intentionally reveals the amount of a mediation evaluation to the trial court during a nonjury trial, the trial court must declare a mistrial and reassign the case to another judge. Accordingly, we vacate the trial court’s judgment and remand for a new trial before a different judge.

Plaintiff sued defendant, her employer, alleging race discrimination in violation of Michigan’s Civil Rights Act, MCL 37.2101 et seq.; MSA 3.548(101) et seq., and alleging a…