Fall 2023

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Chair's Corner

By Jennifer Grieco, Chair

It is my honor to step into the role as Chair of the ADR Section and to follow in the footsteps of the distinguished list of prior Chairs of the Section. I am thankful for our former Chairs’ service and dedication to the Section. I am especially thankful for the service of our immediate Past Chair, Ed Pappas. I’ve had the privilege of following in his footsteps as former Presidents of both the Oakland County Bar Association and the State Bar of Michigan. In every role, Ed has led with thoughtful insight, professionalism, and humor. These traits are what make him a sought-after mediator, arbitrator, and bar leader. We were lucky to have his years of service on the ADR Section Council and I’m grateful that he will continue to serve the Section in his role as Immediate Past Chair. Thank you, Ed, for a job well done – again. Read More

Supreme Court Holds District Court Proceedings Must be Stayed During Appeal of Order Refusing to Enf

By Matthew Allen, Sarah Reasoner, and Tom Cranmer

On June 23, the Supreme Court held that proceedings in federal district court must be stayed during an interlocutory appeal from an order declining to enforce an arbitration agreement. Such an order can be appealed immediately under section 16(a) of the Federal Arbitration Act (FAA), 9 U.S.C §16(a). Coinbase, Inc. v. Bielski, 600 U.S. ____, No. 22-105. Read More

Discovery Disputes Resolved: How to Effectively Use the Discovery Mediation Court Rule

By Edmund J. Sikorski and Laura Goderis

Perhaps the most vexatious part of any litigation occurs in the process of discovery. The words ‘unduly burdensome’ are the bane of every judge’s existence. The frustrations with discovery are not a secret and are not limited to just the judge. The discovery process is continually a ‘work in progress’ as reflected in the staff comments found in subchapter MCR 2.300 of the Michigan Court Rules. Read More

Binding Non-participating Interested Persons Under a Mediation Settlement Agreement in Probate Litig


By David Skidmore

On February 9, 2023, the Michigan Court of Appeals rendered its decision in In re Estate of Terry Broemer, Docket No 360571, 2023 Westlaw 1871496 (Mich Ct App Feb 9 2023) (unpublished). The decision is significant not only because it involved an unsigned will, but also because it addressed how to make a mediation settlement agreement binding on interested persons who declined to participate in the mediation. Read More

Michigan Case Law Concerning Mediation Confidentiality

By Lee Hornberger

Tyler v Findling is an important Michigan Supreme Court decision enforcing mediation confidentiality. Read More

Professionalism and civility: You cannot have one without the other

By Ed Pappas

In 2022, the State Bar of Michigan Board of Commissioners formed a new special committee — the Professionalism and Civility Committee, whose members and chair are appointed by the president of the State Bar of Michigan. Read More

Michigan Arbitration and Mediation Case Law Update

By Lee Hornberger

Saidizand v GoJet Airlines, LLC, 355063 (Sep 23, 2021), app lv pdg, oral argument to be scheduled. Plaintiff brought claims against employer and a supervisor under Elliot-Larsen Civil Rights Act (ELCRA), MCL 37.2101 et seq. Defendants requested summary disposition, citing arbitration agreement signed by plaintiff when he completed job application. Agreement stated he and GoJet agreed to resolve all claims arising out of application, employment, or termination exclusively by arbitration. Circuit Court denied defendants’ motion for summary disposition as to plaintiff’s ELCRA claims. Court of Appeals reversed holding Circuit Court erred by determining whether ELCRA claims were subject to arbitration because under terms of agreement plaintiff and GoJet agreed that arbitrator had authority to determine whether plaintiff’s claims subject to arbitration. On June 23, 2023, Supreme Court ordered oral argument on application to address whether ELCRA discrimination claims may be subjected to mandatory arbitration as condition of employment. Read More

Action Team Updates

The Diversity and Inclusion Action Team (DIAT) had an exciting year filled with engaging programming. Read More

Honorable Mentions

Lee Hornberger, a Traverse City arbitrator and mediator, has been inducted for membership into the National Academy of Arbitrators. Harshitha Ram – chair of the new ADR Section for the Detroit Bar Association. The mission of the Detroit Bar Association is to serve its members and the legal community in Southeastern Michigan by supporting the ethical and successful practice of law and the fair administration of justice. Read More

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Blogs Concerning ADR

The SBM ADR Section website contains a list of blogs concerning alternative dispute resolution topics that have been submitted by members of the Alternative Dispute Resolution Section of the State Bar of Michigan.

The list might not be complete. Neither the State Bar nor the ADR Section necessarily endorse or agree with everything that is in the blogs. The blogs do not contain legal advice from either the State Bar or the ADR Section.

If you are a member of the SBM ADR Section and have an ADR theme blog you would like added to this list, you may send it to Editor, Lisa Okasinski at Lisa@Okasinskilaw.com with the word BLOG and your name in the Subject of the e-mail.

ADR Section Homepage

The ADR Section Homepage includes the Section Mission Statement, Who We Are, Why You Should Join the ADR Section, and Let Litigants Know that MEDIATION Really Works. The homepage also provides access to the Section calendar, events, and ADR Section publications.

Editor's Note

The Michigan Dispute Resolution Journal is looking for articles on ADR subjects for future issues. You are invited to send a Word copy of your proposed article to The Michigan Dispute Resolution Journal to Editor, Lisa Okasinski at Lisa@Okasinskilaw.com.

Articles that appear in The Michigan Dispute Resolution Journal do not necessarily reflect the position of the State Bar of Michigan, the ADR Section, or any organization. Their publication does not constitute endorsement of opinions, viewpoints, or legal conclusion that may be expressed.

Publication and editing are at the discretion of the editor. Prior Journals are at http://connect.michbar.org/adr/journal/archive