Spring 2024

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Chair's Corner

During Ed Pappas’ term as Chair of the Section last year, he promoted lawyers complying with their obligation to render pro bono public service pursuant to Rule 6.1 of the Michigan Rules of Professional Conduct by providing pro bono mediation services.The Section supports this effort as pro bono mediation is a win-win for the community and the profession. And if you are inclined to mentor a new mediator in a pro bono mediation, that’s really a win-win-win. The ADR Section has recently been contacted by several organizations due to an increasing need for pro bono mediators.

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Proposed Revision to Mediator Standards of Conduct Offers Better Guidance on What to Disclose

Disclosure

By Anne Bachle Fifer

The ADR Section has proposed revising the Mediator Standards of Conduct on disclosures, to clarify for mediators which relationships require disclosure and which do not. Whether or not the SCAO adopts these revisions, mediators will benefit from using them.

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Michigan Court of Appeals Reverses Circuit Court Vacatur of Public Sector Labor Arbitration Award

By Lee Hornberger

This article reviews Michigan Dep’t of State Police v Michigan State Police Troopers Ass’n, ___ Mich App ___, COA 363241 (December 28, 2023) (Judges Gleicher, Jansen, and Rick). In Michigan Dep’t of State Police, the Court of Appeals reversed the Circuit Court vacatur of a public sector labor arbitration award.

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Sign on the Dotted Line: Michigan Supreme Court to Decide Whether Employees’ Civil Rights are for Sa

By Jon Marko and Christopher Putrycus

Over time, it has just become accepted that the final step of obtaining a new job generally involves signing a binding arbitration agreement, by which an employee often blindly waives their right to litigate any future claim that may arise from their employment in a Michigan Court of law. However, this system of mandated mediation has not always been the accepted norm.

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Michigan Arbitration and Mediation Case Law Update

By Lee Hornberger

Arbitration

Michigan Supreme Court Decisions

November 8, 2023, oral argument to Supreme Court on COA, utilizing Detroit Auto Inter-Ins Exch v Gavin, 416 Mich 407 (1982), standard, affirming vacatur of labor arbitration award. 

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Action Team Updates

The Diversity and Inclusion Action Team (DIAT) was formed to promote and support diversity in the field of ADR, increase the cultural competence of ADR providers, and enlarge opportunities for minorities in ADR.

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Congratulations to Our 2023 ADR Award Winners

Honorable Mentions

Denise Langford Morris, Retired Judge, Oakland County Circuit Court Inducted into Michigan Women Forward’s Hall of Fame Class of 2023

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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