Blogs

Chair's Corner

By ADR Section Newsletter posted 11-09-2023
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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 ...
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Supreme Court Holds District Court Proceedings Must be Stayed During Appeal of Order Refusing to Enforce an Arbitration Agreement

By ADR Section Newsletter posted 11-09-2023
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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. The appellant, Coinbase, Inc., is an online platform on which users can buy and sell cryptocurrencies. Coinbase requires its customers to sign a user agreement mandating arbitration of disputes arising out of the agreement. Bielski, a Coinbase user, filed ...
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Discovery Disputes Resolved: How to Effectively Use the Discovery Mediation Court Rule

By ADR Section Newsletter posted 11-09-2023
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By Edmund J. Sikorski Jr. 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. 1 MCR 2.411(H), Mediation of Discovery Disputes, states as follows: The parties may stipulate to or the court may order the mediation of discovery disputes (unless precluded by MCR 3.216[C][3]). The discovery mediator ...
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Binding Non-participating Interested Persons Under a Mediation Settlement Agreement in Probate Litigation

By ADR Section Newsletter posted 11-09-2023
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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. At Terry’s death, he was single and had no descendants. Initially, Terry’s stepdaughter opened an intestate estate, giving notice to one known heir. Subsequently, Terry’s unsigned will and trust were discovered. Laura, a beneficiary ...
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Michigan Case Law Concerning Mediation Confidentiality

By ADR Section Newsletter posted 11-09-2023
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By Lee Hornberger Tyler v Findling 1 is an important Michigan Supreme Court decision enforcing mediation confidentiality. Mediation is an effective tool for resolving disputes. Confidentiality is an important principle of mediation. Mediation can provide a confidential and informal process that serves the parties’ interests. All involved with the mediation process, including the advocates, the parties, and other participants should understand the importance of confidentiality. “In a confidential setting, the parties and their lawyers will convey to the mediator much of what they believe is important about the case.” J. Anderson Little, Making ...
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Professionalism and civility: You cannot have one without the other

By ADR Section Newsletter posted 11-09-2023
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By Ed Pappas This article originally appeared in the June 2023 issue of the Michigan Bar Journal. 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. The committee intends to contribute articles to the Michigan Bar Journal focusing on professionalism and civility, and the well- earned honor of writing the first column rightfully belongs to Edward H. Pappas. There is no one in Michigan more influential in promoting attorney professionalism and civility, instituting educational programs, ...
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Michigan Arbitration and Mediation Case Law Update

By ADR Section Newsletter posted 11-09-2023
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By Lee Hornberger ARBITRATION Michigan Supreme Court Decisions Supreme Court orders oral argument on COA reversing Circuit Court order denying arbitration. 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. ...
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Action Team Updates

By ADR Section Newsletter posted 11-09-2023
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The Diversity and Inclusion Action Team (DIAT) The Diversity and Inclusion Action Team (DIAT) had an exciting year filled with engaging programming. The State Bar of Michigan American Indian Law Section and DIAT co-sponsored its 3rd Annual Virtual Diversity Lunch on the application of ADR disciplines and the principles of diversity and inclusion in the context of American Indian Law. DIAT Co-Chair Phillip A. Schaedler and Stacey L. Rock of the American Indian Law Section, moderated a discussion around peacemaking and how it can be utilized in various settings, featuring panelists Hon. David D. Raasch (Ret.), Belinda Dulin, and Hon. Timothy J Connors. The ...
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Honorable Mentions

By ADR Section Newsletter posted 11-09-2023
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Lee Hornberger , a Traverse City arbitrator and mediator, has been inducted for membership into the National Academy of Arbitrators. The National Academy of Arbitrators was founded in 1947 to “establish and foster the highest standards of integrity, competence, honor, and character among those engaged in the arbitration of labor-management and employment disputes on a professional basis…; to secure the acceptance of and adherence to the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes prepared by the National Academy of Arbitrators, the American Arbitration Association and the Federal Mediation and Conciliation Service;” and ...
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Chair's Corner

By ADR Section Newsletter posted 06-29-2023
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Ed Pappas, Chair By Ed Pappas, Chair Mediators play an important role in helping parties resolve their disputes in a civil, respectful and peaceful manner, but not all parties have access to, or the ability to pay for, mediators to help them resolve their disputes. I believe that lawyers have a responsibility to provide services to those who cannot otherwise afford an attorney. In fact, rule 6.1 of the Michigan Rules of Professional conduct specifically provides that: A lawyer should render public interest legal services. A lawyer may discharge this responsibility by providing professional services at no fee or a reduced fee to persons of limited ...
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Rethinking Party Safety in Online Mediation

By ADR Section Newsletter posted 06-29-2023
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By Dee Williams, Research Associate The following is a summary of an article that Dee Williams prepared for Resolution Systems Institute. The COVID-19 pandemic has led to online mediation becoming far more common in family cases than it was previously. This shift from in-person to video mediation has both benefits and potential pitfalls when it comes to participant safety, as discussed in a recent article by Erin R. Archerd. In her Winter 2022 Stetson Law Review article, “Online Mediation and the Opportunity to Rethink Safety in Mediation,” Archerd describes some of the security benefits and challenges of mediating online, recommends steps mediators ...
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A Litigator’s Guide to Mediation Advocacy: Reflections on Effectively Achieving Client Goals at the Mediation Table

By ADR Section Newsletter posted 06-29-2023
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By Sheldon J. Stark, Mediator and Arbitrator Part II This is the second part of a two-part article. Part I focused on the fundamental differences between the mediation process and other stages in the litigation process necessitating a different approach to advocacy in order to be most effective. a. Search for Common Ground No matter how deep their differences, no matter how entrenched in their positions, no matter how escalated their emotions, parties often share common ground, areas of agreement overlooked or drowned out by the dispute. Before the termination, for example, the former employee may have loved working for the company; and the ...
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The Stories Michigan Personal Injury Lawyers Tell—The role of tangible and intangible interests in resolving personal injury disputes

By ADR Section Newsletter posted 06-29-2023
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By Maria Cudowska This article builds upon a qualitative empirical study relative to compassionate counselling practices in personal injury disputes in Michigan, with an emphasis on tangible and intangible interests of personal injury clients. The article intends to draw attention to observations made by Michigan Lawyers on account of communication in personal injury disputes . [i] Maya Angelou once famously said that people will forget what you said and did, but they will never forget how you made them feel. Taking a life of its own and possibly being Angelou’s best quote ever, I took the opportunity to reflect on Angelou’s timeless wisdom through ...
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An Interview with Our Friend, Sheldon J. Stark, Esquire

By ADR Section Newsletter posted 06-29-2023
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By Michael S. Leib and Robert Wright Shel Stark recently retired—for the fourth time. Not many of us have four professional careers. Yet Shel did, each marked by passion, excellence, and sharing. We recently had the opportunity to speak with Shel about his life and careers. Here is a short (necessarily so given space requirements) look at Shel’s fascinating professional journey. Born in Detroit, his early life journey included stops in Chicago, Flint, and Port Huron. He graduated from Port Huron High School in 1962, the University of Michigan in 1966, and the University of Detroit School of Law in 1973. While in law school, Shel worked full-time during ...
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Michigan Arbitration and Mediation Case Law Update

By ADR Section Newsletter posted 06-29-2023
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By Lee Hornberger, Arbitrator and Mediator This update reviews Michigan appellate decisions issued since January 6, 2023, concerning arbitration and mediation. ARBITRATION Supreme Court Decisions Supreme Court reverses COA concerning shortened limitations period. McMillon v City of Kalamazoo , ___ Mich ___, MSC 162680 (January 11, 2023). Plaintiff applied for job with City of Kalamazoo in 2004. She completed application, but did not get job. In 2005, City contacted her about job as Public Safety Officer, and she was hired. She did not fill out another application. In 2019, Plaintiff sued City, alleging employment issues. City moved for summary ...
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From the Field: Adding Techniques to Your Mediator Toolbox Effective Closing Techniques

By ADR Section Newsletter posted 06-29-2023
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By Sheldon J. Stark, Mediator and Arbitrator Introduction We are often selected as mediators because we have the skills needed to assist parties in reaching satisfactory resolution. A common tool is the mediator proposal discussed in a previous From the Field. In this column, you will find five additional closing techniques effective in closing the deal. “Would You Take If They Would Pay/ Would You Pay If They Would Take? One of my personal favorites, this technique is effective when negotiations continue but have slowed to small, painful increments resulting in hostility and consternation. Where to start depends on the unique dynamics of each ...
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Steps to Ensure Your Workers’ Compensation is Not Denied by the Insurer

By Bianca Bogen posted 07-28-2021
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An accident at work could result in some bumps and bruises or something far more severe, such as a life-altering injury that means you can never return to work. For injuries that require you to take time off work to recover, a workers’ compensation claim is essential. However, it can be a challenging process for novices. Getting a workers’ compensation payout relies on you fulfilling procedures mandated by law. Having a successful claim is possible if you comply with the rules and follow these steps: Report immediately Many insurance lawyers listed on USAttorneys.com report that the most substantial challenge they face in securing a successful workers’ ...
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Legal Counsel if Your House is Illegally Searched or Seized

By Bianca Bogen posted 07-07-2021
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Maybe you are facing criminal charges and are under investigation, and the police pitch up at your property and demand entry. If they aren’t able to produce a search warrant, they’re entering illegally and you realize you need the help of a lawyer. Find certified lawyers to help you Do you know that there are instances when the police don’t need a warrant to enter your home? But what about the Fourth Amendment of the Constitution? It protects people from unreasonable searches by law enforcement officers. An unreasonable search without a warrant violates your constitutional right. This is when you need police brutality lawyers from USAttorneys.com, ...
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How Law Education Gives Wings to Your Career

By Bianca Bogen posted 06-10-2021
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Starting a career in law requires commitment but investing time and energy in obtaining an education in law offers many benefits. A law degree is highly regarded and gives you some great career options. Lawyers are always needed and in certain areas of law, like employment law, they are more in demand than ever, with many people switching to remote working. Even if you do not end up practicing law, your skills will be in demand in many other professions. It offers many career options Areas of law, such as bankruptcy law, employment law, intellectual property law and environmental law, are always in demand, no matter what the state of the economy. ...
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Career Options if You Need Action and Adventure in Your Life

By Bianca Bogen posted 05-18-2021
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For many people, working at a job that isn’t physically engaging or mentally challenging can lead to boredom over time and affect their happiness and careers. People who enjoy trying out new things, seeing new people, and exploring can also be negatively affected should they work on a stationary non-engaging job. That is why we’ve created a list of the best jobs that will satisfy the action seeker and adventurer in almost everyone. Read on to find out what these jobs are Join executive protection Working as an executive protection agent is the best fit for someone who enjoys action and adventure as you get to travel while protecting lives. Contrary to ...
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