Fall 2024

We hope that you will join us at this year’s Annual Conference, which will again be virtual on September 20 and September 21, 2024. The Skills Action team has worked all year on the programming and was intentional in selecting programs that would provide substantive training, such that the conference has been approved by SCAO for twelve hours of advanced mediation training credit.

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By Larry J. Saylor and Sarah C. Reasoner

In a rare published decision, the Michigan Court of Appeals enforced a provision in an auto lease that allowed either party to demand arbitration, even though the dealer had assigned the lease to a finance company and no longer owned the lease, and even though plaintiff argued that his claim did not involve the lease agreement.

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By O’Neal Wright and Lee Hornberger

This article will discuss employment arbitration and labor arbitration in Michigan. What are the major features of employment arbitration? There are significant differences between employment arbitration and labor arbitration. Employment arbitration is governed by the Federal Arbitration Act (FAA), 9 USC Sections 1-16, and Michigan Uniform Arbitration Act (MUAA) MCL 691.1695.

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By Lee Hornberger

Arbitration

Michigan Supreme Court Decisions

Supreme Court denied leave to appeal from COA affirming vacatur of public sector labor arbitration award

On May 31, 2024, Supreme Court denied leave to appeal in Mich AFSCME Council 25 v Wayne Co, 164435, 164436, 356320, and 356322 (April 21, 2022). In split decision, COA had affirmed Circuit Court vacatur of public labor arbitration award.

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The State of Michigan has for many years been a leader in the use of conciliation, mediation, and other forms of voluntary dispute resolution as an alternative to the judicial process. Among the most important steps implemented by the state to support the use of ADR is the Michigan legislature’s creation of the Community Dispute Resolution Program (CDRP), under which the state authorized the creation of not-for-profit Community Dispute Resolution Centers (CDRCs).

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Michigan’s Community Dispute Resolution Centers (CDRCs) continue their vital work in bridging the justice gap across all 83 counties. Our mission is to ensure that mediation services are accessible to EVERYONE in our communities. To achieve this, we rely on the dedication and expertise of our VOLUNTEER MEDIATORS.

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• Council Members & Officers PDF
• Diversity Pledge
• Membership Application PDF
• Affiliate Membership Application PDF
• Thank You Annual Conference Sponsors

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.

• Upcoming Council Meetings
• Upcoming Trainings
• SeDRS 2024 General/Civil Mediation Training
• Annual Section Conference September 20–21, 2024
• ADR Annual Awards Dinner
• Pins for Peace

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.

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