B. A. TYLER, Plaintiff-Appellee, v DAVID M. FINDLING and THE FINDLING LAW FIRM, PLC, Defendants-Appellants, and MEKEL S. MILLER, Defendant-Appellee., 508 Mich. 364

Summary

HOLDINGS: [1]-In a defamation case arising from statements made by one attorney to another before actually meeting with the mediator at the start of a court ordered mediation, the lower appellate court erred by vacating the trial court's grant of defendants' motion to strike and reversing and remanding the trial court's grant of defendants' motion for summary disposition under MCR 2.116(C)(10) because defendant attorney's statements were confidential under MCR 2.412(C) as his comments were mediation communications; [2]-The court held that there was no requirement in MCR 2.412 that a mediation communication be uttered by any particular party or participant; rather, the rule simply explained to whom confidential mediation communications can be disclosed.