Section Events


  • AIL and ADR Section 4th Annual Peacemaking Virtual Lunch

    Apr 17, 12:00 PM - 01:30 PM (ET)
    4th Annual American Indian Law and ADR Sections Peacemaking Virtual Luncheon Part 1 – Introduction to the Peacemaking Process Wednesday, April 17, 2024, Noon - 1:30 p.m. No Cost to Attend Register: https://us02web.zoom.us/meeting/register/tZMod-uhrjkpE9fxe555uqaJtWeKHY3q58qr#/registration We heard your feedback and we are excited to offer you a dynamic two part series about Peacemaking! The State Bar of Michigan American Indian Law Section and the ADR Section's Diversity and Inclusion Action Team are pleased to offer this dynamic event about Peacemaking Circles, a time-tested model for healing relationships and keeping them healthy. Based on indigenous teaching, the Circle process builds an intentionally safe space to discuss conflict resolution and is a concept that can be appreciated by many alternative dispute practitioners. This event is Part 1 of a two part series. Part 1 will cover the history and the origins of peacemaking circles, the ground rules, and the process for peace makers. Part 2 will be a hybrid event (virtual and in person), to be scheduled at a later date in the fall, and will include an actual peacemaking circle demonstration in which in person participants will have the opportunity to participate in the circle. Our demonstration will be conducted by highly accomplished Native American circle keepers and other peace makers. Moderator: Stacey L. Rock (American Indian Law Section Chairwoman) Stacey is employed with the Pokagon Band of Potawatomi Indians as the Associate General Counsel. She is a graduate of WMU Thomas M. Cooley Law School, where she interned for the Innocence Project. Stacey is also a certified mediator and has extensive experience in the development and utilization of peacemaking programs. She is a proud citizen of the Pokagon Band of Potawatomi Indians and the mother of two extraordinary young men. Facilitators: Jason Wesaw is Potawatomi (Turtle Clan) and is the Peacemaking Coordinator for the Pokagon Band of Potawatomi. He believes strongly in utilizing traditional culture to help the community heal, grow, and maintain healthy relationships. The journey of learning has helped him to understand how Circles can be utilized to restore balance in society at large, one small case at a time. JoAnne Cook is an Appellate Court Judge at the Little Traverse Bay Band of Odawa Indians. JoAnne, a member of the Grand Traverse Band of Ottawa/Chippewa Indians, is from Peshawbestown, Michigan. Her previous professional experience includes one term on Tribal Council (2012-2016) and with Tribal Courts as a Tribal Court Judge for two tribal communities (1994-2011). JoAnne currently serves on the Grand Traverse Band of Ottawa/Chippewa Indians Appellate Court as Chief Appellate Judge. She received her Business Administration degree from Ferris State University and a Juris Doctorate from the University of Wisconsin School of Law. JoAnne was involved in the organization and development of two alternative courts: Peacemaking and Healing to Wellness Court (Drug Court). The alternative courts utilize tradition and culture which allows for healing and restoring balance for those involved. She has begun consulting with native and nonnative communities who are either developing Peacemaking or a Healing to Wellness Court. She believes tradition and culture is vital to the Anishinaabe way of life and has continued her learning about the 3 Fires people. JoAnne has presented to various communities on the way of life and culture of the Odawa. In addition, she previously taught Business Law for Northwestern Michigan College (NMC) and a course at NMC Extended Education, titled Native Law and Culture. JoAnne is currently teaching a short course, History of the Anishinaabek for NMC Extended Education.

  • Mediation Advocacy: A Best Practices Review

    May 9, 12:00 PM - 01:00 PM (ET)
    Critical differences exist between traditional zealous advocacy and the skill set necessary to successfully accomplish client goals in the mediation process. Our panel shares time tested techniques and approaches proven to help you make the most of mediation. Topics include: Differences between mediation and litigation advocacy and why the differences are important; Drafting and exchanging written submissions tailored to the mediation process; Advance and strategic planning for counsel; Client education and preparation; Best practices at the mediation table; Strategies when the matter doesn’t settle. Save the Date! Panel Shel Stark Mediator and Arbitrator Nakisha N. Chaney of Counsel, Salvatore Prescott Porter & Porte r Michael S. Leib Leibadr LLC Moderator

  • Show Me the Money - a Mediator Forum - Where Mediators Learn From Each Other

    Jun 27, 12:00 PM - 01:30 PM (ET)
    Mediator Forum Format Small group discussion where Mediators share their favorite techniques, experiences, interventions, and approaches. Registrants will be provided the list of discussion topics below. After a brief introductory session, you will be randomly divided into small groups by Zoom. Each group will select a discussion leader to manage the discussion; and a “scrivener” to keep notes for posting your best ideas in the ADR Section resource library. After a time, new groups will be randomly selected to continue the discussion and exchange with a different group of colleagues. We expect two sessions, each of which will be assigned different topics from the list below. Mediator Forum Discussion Topics · Do you consider yourself an evaluative mediator, a facilitative mediator, or a combination of both? If both, under what circumstances and how do you do so? What explains your choice? · Is it important for the mediator to know the negotiation history and most recently communicated proposals of the parties before the mediation begins? If so, how do you go about learning that history? Do you ask when the lawyers are together or ex parte? Explain your practice. · Do you try to influence which party should make the first proposal once the mediation commences? Do you try to work this out in advance or during the mediation itself? Why? ·How do you approach a participant who resists your recommendation to go first? ·As your general practice, who communicates monetary proposals and counterproposals to the offeree? Do you ask the parties to do it in joint session or does the mediator do it in caucus? If in joint session, do you review the proposal with the party privately first? Under what circumstances, if any, do you believe parties should deliver their proposals themselves? ·If an offeror does not provide one when outlining a proposal, do you solicit a rationale or explanation for their number? What is your purpose in seeking a rationale? Should the explanation be communicated to the offeree along with the proposal? Why or why not? ·In regard to opening offers, should the mediator simply communicate a proposal or counterproposal, or, encourage the offeror to modify it in some way? Does it matter whether the mediator suspects the proposal will be counter productive? ·What is your practice in delivering and sequencing opening offers? Do you communicate an offer first or engage in risk assessment first? Explain your practice. ·How do you deal with party impatience and consternation when the pace of negotiations is proceeding slowly? Does it matter whether you agree or not? ·Once the negotiation process has proceeded for a round or two, how do you deal with proposals you suspect might be perceived as “insulting?” ·During the negotiation process, do you keep track of the mid-point between each proposal and counterproposal? For what purpose? ·Do you use visual aids to assist in communicating proposals or in tracking the negotiation process? Explain? ·Are you willing to make a mediator’s proposal? When and under what circumstances? What is your practice in making a mediator’s proposal? How do you do it? ·Other than making a mediator’s proposal, what are your favorite techniques for managing the negotiation of economic proposals and counterproposals? Mediator Forum Facilitators Zena Zumeta Mediation Training and Consultation Institute Shel Stark Arbitrator and Mediator Moderator and Facilitator

  • ADR Annual Conference

    Sep 20 - 21, (ET)
    2024 Virtual ADR Annual Conference and Annual Meeting September 20-21, 2024 On Friday, September 20 and Saturday, September 21, 2024, the ADR Section of the State Bar of Michigan will host its ADR Conference and Annual Meeting which will continue to be virtual. Our annual awards ceremony will be held in person at a soon to be determined date and location. The schedule will include a Friday morning Family Law mediation program. Our program offers advanced skills building, updates to alternative dispute resolution law, and addresses significant issues that touch on diversity and neutrality for providers. These presentations will challenge you and improve your skills. Up to 11 advanced mediation training credits will be offered. Please join the exceptional presenters at the ADR Conference, attend the Annual Meeting, and help us honor the ADR Section award winners.