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Using Alternative Dispute Comments From the Chair Ask the Neutral ADR Sections
Resolution in Public Sector by Deborah L. Berecz by Kelly Reed Annual Meeting
Employment
by Zenell Brown 3rd Annual ANDR Institute
2004
Upcoming Mediation
Vol 11 Trainings
No. 2
April, 2004 Page1-4 Page 5 Page 6-7 Page 8
Alternative Dispute Resolution Section of the State Bar of Michigan
Chairperson
DEBORAH L. BERECZ
St. Joseph
Chairperson-elect
Using Alternative Dispute
RICHARD HURFORD
Taylor
Executive Committee
Resolution in Public Sector
BARBARA JOHANNESSEN
Rochester Hills
ALAN KANTER
Employment
Bloomfield Hills
ALLYN D. KANTOR
— by Zenell Brown
Ann Arbor
a litigious society,
America isbreeding ground forand the workplace is resolution (ADR) offers the public sector HR
ASHER TILCHIN
Farmington Hills
Council a fertile lawsuits. manager an opportunity to manage employment
DAVID BAUMHART, III “Employment rights are held dearly in our society,
Detroit disputes in a cost- and time-efficient
STEPHEN BRANDSDORFER and their enforcement is manner. Some ADR processes may
Grand Rapids
RICHARD BRAUN
Detroit
demanded.”1 During the past
two decades, there has been a
...it is time for be used to stave off the filing of
lawsuits; others may be more
CHARLES CLIPPERT
Bloomfield Hills
DONNA CRAIG
proliferation of employment public sector appropriate once the lawsuit has been
rights and, consequentially, an filed. Some processes are informal;
Bloomfield Hills
ANNE BACHLE FIFER increase in lawsuits. One of employers and others are formal. The choices on the
Grand Rapids
the key activities of human
SUSAN D. HARTMAN
Ann Arbor resources (HR) management employees to whet ADR menu are many: it is time for
public sector employers and employees
R. CRAIG HUPP
Detroit
CATHERINE A. JACOBS
is to ensure compliance with
laws and regulations.
their palate to whet their palate instead of waiting
in the overcrowded buffet line for
Lansing
CHARLES B. JUDSON Therefore, managing the instead of waiting courtroom resolution.
Traverse City
increase of employment law
JON KINGSEPP
Bloomfield Hills disputes is an ongoing in the overcrowded Alternative Dispute
MARCIA ROSS
Farmington Hills
HON. LYNDA A. TOLEN
challenge for the HR
manager.
buffet line for Resolution Processes
St. Joseph
ROBERT TREMP
Traverse City In the public sector, lawsuits courtroom The ADR choices include: mediation,
arbitration, mediation-arbitration,
JAMES VLASIC
Southfield
range from discrimination in resolution. conciliation, unilateral conciliation,
Ex-Officio recruitment to wrongful
HON. JAMES ALEXANDER cooperative problem-solving, dispute
Pontiac termination. Federal, county,
panels, fact-finding, mini-trials, summary jury
MARY BEDIKIAN and municipal governments often find themselves
East Lansing trials, civil appeals settlement programs, early
HARVEY BERMAN named as defendants in lawsuits. Regardless of
Ann Arbor neutral evaluation, and confidential listening.2 All
how the suits resolve, governmental entities invest
MICHAEL COAKLEY forms of ADR motivate the parties to resolve their
Detroit substantial time in mounting defenses and pay
LAURENCE CONNOR disputes, assist the parties to feel that they have
Ann Arbor substantial attorney fees and costs. The increased
AMY GLASS been heard, create the opportunity for each side to
number of lawsuits is also burdensome on
Kalamazoo hear the other side’s story; and, hopefully, fashion a
DALE IVERSON employees. They are denied timely resolutions and
Grand Rapids mutually acceptable settlement.3
BENJAMIN KERNER usually face economic hardships while their cases
Detroit
J. PATRICK MARTIN
are pending in court. The proliferation of lawsuits Currently, two of the most common ADR
Bloomfield Hills also creates backlogged court dockets. Although processes used in the public sector are arbitration
MARK McALPINE
Bloomfield Hills the public sector employer may be helpless to and mediation.4 Both offer the benefits of limited
JOEL SCHAVRIEN
Southfield
control the number of disputes, alternative dispute cost and time as compared to litigation, and their
Continued on Page 2
The ADR Newsletter April, 2004
Continued from Page 1
expanded use would offer the HR manager increased Mediation
opportunities to resolve employment litigation.
Mediation, another common form of ADR in the
Arbitration public sector, is a communication-based process.
“Mediation is a process in which a neutral third
Arbitration is similar to litigation. In arbitration, an party facilitates communication between parties,
arbitrator as neutral third-party hears the position assists in identifying issues, and helps explore
and evidence of each party. Like a judge, the solutions to promote mutually acceptable settlement.
arbitrator follows procedural rules and makes a A mediator has no authoritative decision-making
decision, called an award. The award is a reasoned power.” MCR 2.411(A)(2)
decision based on the record. Arbitration may be
Zenell Brown binding or non-binding; therefore, the award may
supervises the The mediator facilitates communications between
Dispute Resolution
be binding or non-binding. If the award is binding, the disputants to ensure that each side hears the
Unit of the Wayne the parties may appeal the award only if the other’s point of view so that they can empathize and,
County Friend of arbitrator exceeded the scope of his or her authority hopefully, resolve the dispute. Mediation often
the Court, which or for other narrowly defined reasons. The court begins with the parties giving their interpretation of
provides mediation which reviews an application to enforce the award events. One side will begin by telling its story, often
on referee and generally does not conduct a plenary review; rather, venting the emotional burden of the story, and close
judge-referred cases, the court has the right to review the arbitrator’s by giving its rationale for the desired result. The
and screens each in award to determine if the award draws its essence mediator ensures that each side speaks and the other
pro per parenting from the agreement of the parties and does not side listens. The mediator is unlike a judge and is
time motion for require either party to engage in an unlawful act.5
possible mediation.
not concerned about what the law may say on the
An attorney with issue or who appears to be right in light of the law.
Arbitration is a common ADR process found in the
the Friend of the public sector because of the prevalence of unions
Court since 1997,
After the venting stage, the mediator moves the
and union contracts in the public sector. For parties’ focus to their interests and needs. The
she also trains peer
mediators in the
instance, the American Federation of State, County, disputants generate possible solutions based upon
Detroit Public and Municipal Employees’ Steward Handbook states those interests and needs. The mediator does not
School system. that after step 4 in the grievance process, “If a judge any of the proposed solutions and allows the
grievance is still not resolved, the final step is a parties to decide which ones are acceptable. The
hearing with a professional arbitrator whose decision mediator may meet with each party privately in a
is final and binding.”6 caucus to help the individual parties generate, clarify,
and explore options. Caucuses are confidential and
Some criticism of arbitration is based on myth. The also allow the mediator to explore the possibility of
critics state that arbitration ignores legal precedents hidden agendas and test the reality of proposed
and rules, is only good for claims involving major resolutions. If the parties reach agreement, the
disputes, and is conducted in secret. In reality, most mediator drafts it. The agreement may be
arbitrators are attorneys or retired judges who usually comprehensive, addressing concerns not directly
arbitrate matters in which they have related to those that prompted the mediation. If the
some subject matter knowledge.
The mediation Arbitrators tend to follow procedural
parties do not reach agreement, the entire
proceeding remains confidential, and the parties are
process is rules including rules of evidence, free to progress to the next step in litigation or to use
although they are not bound to do so.
an overlooked Arbitrators, when alerted to the
another ADR process.
existence of outside law bearing on the
HR tool. subject matter of the case, tend to take
The mediation process is an overlooked HR tool. It
is rarely provided for in union contracts or
due notice of the applicability of mentioned in employee handbooks. It appears that
statutes and case law bearing on the disputed matter. the public sector employment dispute finds its way
to mediation via court order after the employer and
Unfortunately, absent a court order requiring the employee have incurred the expense and time of
public sector employer and employee to submit to retaining counsel and filing suit. If the disputants
arbitration, it is rarely used outside of the union- sought out mediation prior to court filings, they
management grievance process. A motivated HR would realize savings in both money and time.
manager could capitalize by using arbitration as a
means to resolve other disputes—especially non- One of the major criticisms of mediation is that the
union employee discharge cases—where legal parties can spend a lot of energy in the process and
structure and process are desired but without the not reach resolution. In some instances, resolution is
costs and time of litigation. not possible. In other cases, the parties are not
forthright and truthful during the process, and only
Continued on Page 3
Page 2
The ADR Newsletter April, 2004
Continued from Page 2
feign commitment to resolve the disputes. The During the brainstorming step, one person will act
mediator may not be able to discern this quickly, so as scribe to write down all of the possible solutions,
the process continues until it becomes clear that a and they should be posted for all participants to
party is not genuinely interested in settling. Because view.
mediation bears little resemblance to traditional legal
processes, some lawyers are averse to using The third step is finding the best option. The
mediation in place of litigation. parties will determine the criteria by which they will
evaluate each of the possible
Mediation not only offers parties who are truly solutions. Some possible criteria The public
interested in reaching a resolution an opportunity to include best practices and industry employer should
do so, but it also offers an opportunity to retain full standards. The parties will then
control over what the resolution will be. One of the evaluate each of the possible not limit itself
major benefits of mediation is that agreements are solutions against the standards. to arbitration
customized and tailored to the parties’ interests and The chosen solution must meet the
needs. Therefore, the parties are more likely to parties’ mutual interests, and the and mediation.
adhere to the agreements reached. The resolutions parties must agree that it is the best Other ADR processes
are typically more comprehensive than lawsuit solution under the circumstances.
decisions or arbitration awards. Furthermore, After one issue is resolved, the parties offer cost savings,
mediation’s mutually acceptable agreements help move on to the next interest until all time savings,
preserve the relationship between the parties, if that issues are addressed and a solution is
is a desired outcome. In employment situations, the chosen for each. and other benefits.
parties may not wish to terminate the employment
relationship. Because mediation does not have a As with mediation, it is not uncommon that, after
win-lose outcome, it allows the parties to continue much time and effort is spent on the issue, the
the employment relationship after mediation is parties will decide that the best resolution is either to
completed. maintain the status quo or to drop the issue.7 The
benefits of interest-based bargaining are similar to
Finally, the confidentiality of the mediation process those associated with mediation. Therefore, it might
allows each party to continue in the litigation work well in the contract negotiation process where
process if no agreement is reached. No one has the employer and unions will have an ongoing
relinquished any legal rights by participating in relationship and both parties have interests and
mediation. In addition, as more courts are ordering concerns in how the relationship will mature.
cases to mediation to curb backlogged dockets, it
would be strategically advantageous for public sector New Jersey’s Early Settlement Program
employers to offer mediation as early as possible,
Arthur D. Finkle8 shares the story of the State of
even prior to filing of lawsuits.
New Jersey’s implementation of its early settlement
The public employer should not limit itself to program: The program used mediation to resolve
arbitration and mediation. Other ADR processes major disciplinary actions involving
offer cost savings, time savings, and other benefits. employees represented by collective
bargaining units. From 1992 to
Even when there
Interest-based bargaining is one example, where the
employer can maximize the opportunity to negotiate 1999, the state estimated it would was not a resolution,
with individual employees or union representatives have spent $4,500, and the unions
would have spent $3,500, on each
management saw the
(as applicable) and resolve disputes.
case routed through the Office of process as providing
Interest-Based Bargaining Administrative Law (OAL). The cost a better view
of mediation was $450 total for each
In interest-based bargaining, the first step is case. Also, in the early settlement of the employee’s
identification of interests. Both sides identify their
interests. The interests are then grouped together on
program, cases were typically resolved
within 5 months as opposed to the
perspective, interests,
a master list. The parties agree which issue they will 14 months for cases referred to the and concerns.
address first. Once that issue is identified, the parties OAL. New Jersey resolved an
move to step two: brainstorming. In brainstorming, average of 197 cases yearly, saving the state
both sides think of all the possible solutions to $800,000 annually. Management favored the
address the interest. No judgments are made on the program since it allowed for a fast remedy and
suggested solutions. The parties may not seem to be empowered the disputants. Even when there was not
able to come up with many possible solutions after a resolution, management saw the process as
the obvious ones are identified, but should press on providing a better view of the employee’s
to ensure that all possible solutions are identified. perspective, interests, and concerns.
Continued on Page 4
Page 3
The ADR Newsletter April, 2004
Continued from Page 3
The unions expressed similar opinions. Endnotes:
Conclusion 1 Mathiason, Garry G., Achieving Workplace Justice Through
Binding Arbitration (1994), available at www.shrm.org.
In a complex workplace of employment laws and 2 Finkle, Arthur L., Alternative Dispute Resolution: Variations
rights and in a society that is litigious, it is on a Theme (2001), available at www.ipma-hr.org.
incumbent that the human resources managers in 3 ibid.
the public sector become knowledgeable about
different types of ADR processes. They then need 4 Buford, James A., & James R. Lindner, Human Resource
to identify areas where these processes would be Management in Local Government (Ohio: South-western,
2000)
effective in resolving disputes and stave off the filing
of lawsuits or promote a more rapid resolution of 5 Maurer, Keith, “The Truth About Arbitration,” Michigan Bar
lawsuits. ADR processes offer the public sector Journal (May 2003), p. 23.
employer several tools to manage employment 6 AFSCME Steward Handbook, available at www.afscme.org.
related disputes and to ensure that public resources
are expended on forwarding the organization’s 7 Pennington, Alan D., Interest Based Bargaining, available at
www.ipma-hr.org.
mission rather than on draining away time and
money in litigation. 8 Finkle, supra.
Upcoming Mediation Trainings
T he following thebymediationtocourttrainings have
requirements of
40-hour mediation
been approved SCAO fulfill the
rules, MCR
all of the dates listed for each training session in
order to complete the 40-hour training. For more
information, visit the SCAO web-site at
2.411 (general civil) or MCR 3.216 (domestic www.courts.michigan.gov/scao/dispute/odr.htm.
relations). Please note that participants must attend
General Civil Domestic Relations
Training sponsored by Institute for Continuing Legal Trainings sponsored by Mediation Training and
Education: Consultation Institute:
Grand Rapids: June 3-5, 18-19 Ann Arbor: April 21-25
Register online at www.icle.org/mediation, or call Ann Arbor: July 25-29
1-877-229-4350.
Ann Arbor: December 1-3, 6-7
Training sponsored by Oakland Mediation Center:
Domestic Violence Screening Protocol Training
Bloomfield Hills: April 20, 22, 24, 27, 29, May 1
Contact: Nanci Klein at 248-338-4280 Saginaw: April 18
Training sponsored by Dispute Resolution Center of Ann Arbor: April 28, August 10 (tentative),
Central Michigan: December 8
Register online at www.learn2mediate.com, or call
Lansing: April 29-30, May 1, 14-15 1-800-535-1155
Contact: Karen Beauregard at 517-485-2274
Training sponsored by The Dispute Resolution Center
Ann Arbor: October 15-17, 22-24
Contact: Kaye Lang at 734-222-3788
Page 4
The ADR Newsletter April, 2004
Comments From the Chair
— by Deborah L. Berecz
THE POWER complaints made him so angry, he acknowledged that
he felt hurt and even stunned that his wife was leaving
If I can listen to what he can tell me, him. When gently (I hope) pressed as to why that hurt
so much, he acknowledged that he still loved his wife
If I can understand how it seems to him, and did not want the divorce. Fresh out of the
If I can see its personal meaning for him, classroom of Ken Cloke, I tried to empathize and did Deborah L. Berecz,
If I can sense the emotional flavor which not rush him as he explained the loss he was ADR Section
experiencing. We then talked about whether it might Chairperson
it has for him,
be helpful if his wife understood the "space" he was in
Then I will be releasing potent and how that might best be communicated to her.
forces of change in him.
- Carl Rogers Confession: When this husband bolted out of our
prior session, I thought it likely that all future sessions
with this couple would need to be conducted only by
Kenneth ClokeAnnual Negotiationquotation atthe
month's 3rd
provided the above
& Dispute
Resolution Institute (ANDRI), co-sponsored by
last
caucus. But I took a calculated risk and put them
together-even on the same side of the table. The
ADR Section and ICLE. Two nationally recognized difference in this man, who had earlier stormed out of
the room, was remarkable. When his wife
speakers, Ken Cloke and Raye Rawls, and an acknowledged his hurt and loss, the atmosphere in the
outstanding panel of our home-grown experts made room immediately changed. He began focusing on
the 2004 ANDRI informative, thought-provoking and problem solving rather than chronicling her crimes.
instructive. For the remainder of the session I was struck by the
I'd heard Ken Cloke at an ACR (Association for difference in the tone of the discussion. It still got
Conflict Resolution) conference in San Diego a couple heated at times, and tears flowed for both, but they
years ago. A lawyer, judge, and mediation trainer, with had turned a corner. The crow bar of understanding
a Ph.D. in history, Ken Cloke is the kind of had broken open the possibility of change and
thinker/speaker with whom you'd like to spend a compromise.
couple days, simply taking in a portion of the wisdom Some time ago, I remember mediating a dispute
he's stored up after years in the conflict resolution between a city and a business owner. I can't recall the
field. precise nature of the complaint, but through the lens
But does the Rogers quotation sound plausible? Does Cloke provided, I recall how important it was to the
being understood really free a person to change, to business owner that the city's representative
compromise? Dr. Cloke and Carl Rogers contend that understand how upset he was at the city's action
being understood functions as a crow bar which breaks (anger), how he worried about the impact on his
open the possibility for change and compromise. He business (fear). But most important to him, was the
cites the example of how a parent who sees her six year injury to his reputation (the need to be cared
old son run onto a busy street to retrieve an errant for/loved). After reflecting on a variety of other cases
ball, reacts with anger when snatching up that child to I've handled, as either advocate or neutral-insurance
safety. Any parent has been there and was likely even defense, family, business disputes-I realize that Rogers
surprised at feeling anger. Why anger? Because the and Cloke nailed it. Anger and conflict usually derive
parent feared for the child's safety. And why is the fear from a more basic human need-the need to be cared
present? Because the parent loves and cares for the for.
child. Sometimes we expect to go to a conference or seminar
Bottom line: underlying all conflict or anger is fear. and walk away with some new trick or gadget to get
And underlying fear is care and concern, i.e., a need to our clients to more quickly and easily resolve their
love and be loved. disputes. But it's imperative that we also get a healthy
dose of theory and philosophy periodically so that we
How does this help me as a mediator? I had mediation can more thoughtfully analyze the dynamics in a
clients in my office this morning who illustrated the mediation session. Ferreting out the real interests
utility of Dr. Cloke's proposition. These clients were fueling clients' disputes requires a tool (or a dozen
initiating a divorce proceeding and their emotions tools) from our technique store room. But it also
were still pretty raw. At the previous session, the requires a philosophical understanding of conflict so
husband was so angry he walked out. I met with him that we know which tools to employ when-and how
separately the following week and he immediately vigorously.
began to vent and fume. I simply listened, seeking
clarification periodically, and he continued for some As neutrals and users of ADR, we are fortunate in
time. When he had exhausted the litany of his wife's Michigan to have high quality ANDRI conferences
crimes, I asked him why he thought those things made sponsored by the Section and ICLE. Mark your
him so upset. At first he simply reiterated the calendars now for March 15, 2005!
complaints but when pressed again as to why those
Page 5
The ADR Newsletter April, 2004
This issue’s Ask the
Neutral column was Ask the Neutral
answered by Kelly
Reed, a mediator of
Frequently, I notice that the participants will assist the parties in reaching a solution. The
both general civil and
domestic relations Q: look to me as the mediator to make a mediator does have playing rules in order to allow ideas
cases who is a decision. It is as if the participants, to flow among the participants. Once that is
shareholder with the including the lawyers, have selected me because they accomplished, the body language and demeanor of the
Lansing law firm of believe I am going to make a decision. My training mediator, including facial expression, tone and manner
Loomis, Ewert,
Parsley, Davis & is that the mediator remains neutral. Is there any of speaking, i.e. content, continues the sense of
Gotting. time when a mediator has binding authority? If not, neutrality. Bad: “What were you thinking when you
what should I do so they won’t expect me to make a sent this letter?” Neutral: “Could you tell us what you
decision? wanted to convey in this letter?” One of the more
difficult mediation skills to master is the ability to ask
The core of mediation is that the mediator is a questions and make statements in a neutral manner.
A: neutral facilitator who keeps confidential the
discussions during mediation and does not The position of neutrality must continue through
report the merits of the case to the court. A mediator caucus sessions. Even though the other party is not
does not have binding authority. If the parties are present and the caucus is confidential, it would be
looking for a binding decision through ADR, they unfortunate for the mediator to give any hint of bias.
should be directed to arbitration. You will destroy any confidence you have built during
the group session. It would be easy for a party to
Unfortunately, the scenario described occurs frequently. assume you are favoring the other party when you are
Therefore, I would like to address what a mediator can in caucus with that other party. Even if the party
do when the mediator believes that the parties are believes you favor him or her, it may encourage a
seeking a decision. How does the mediator assure the resistance to move to settlement.
participants that the mediator is neutral, and guide
the participants into forming their own settlement? Clearly stating that the mediator will not make any
decisions, and then maintaining a neutral tone
First, the opening statement must be clear: the throughout the mediation, will discourage parties from
mediator is neutral and will not make a decision seeking a decision from the mediator and empower
regarding the outcome of the dispute. The mediator them to reach their own agreement.
Catherine A. Jacobs, a
shareholder with
Loomis, Ewert, Parsley, National Speakers Dialogue With Participants
Davis & Gotting in
Lansing, is a mediator and Each Other at 3rd Annual ANDRI
and member of the
ADR Section Council.
— by Catherine A. Jacobs
The 3rd Annual Advanced Negotiation andco-
Dispute Resolution Institute (“ANDRI”),
sponsored by ICLE and the ADR Section of the
all Section members to
the Council. The
participants then
State Bar, occurred on Thursday, March 18th, enjoyed a joint
2004, at the St. John’s Golf & Conference Center dialogue between
in Plymouth. More than 125 participants attended Kenneth Cloke and
this year’s ANDRI, which included breakout Raytheon M. Rawls.
sessions on topics pertinent to civil mediation, Kenneth Cloke, the
domestic mediation, and advocates and consumers Deborah Berecz, Chairperson of
ADR Section director of the Center
of ADR. for Dispute Resolution,
Among the participants were experienced judges, in Santa Monica, California, is a mediator,
lawyers, Supreme Court representatives, Friend of arbitrator, consultant, trainer, and a nationally-
the Court representatives, and dispute resolution recognized speaker. Among his publications are
center directors. Many of the participants could be Mediation: Revenge and the Magic of Forgiveness
referred to as “recovering lawyers,” meaning they no and Mediating Dangerously: The Frontiers of
longer practice law but have dedicated their Conflict Resolution. Raytheon Rawls of the
professional lives to mediation. Resolution Resources Corporation, Atlanta,
Georgia, holds the status of Advanced
Deborah Berecz, Chairperson of our ADR Section, Practitioner/Advanced Educator with the
opened the Institute, inviting communication from Association for Conflict Resolution. She has been
Page 6
The ADR Newsletter April, 2004
an Administrative Law Judge and is a former dean of discussing the
the Georgia State University College of Law. In economics of
2003, she was appointed to the Georgia ADR, providing
Commission on information
Dispute indicating that
Resolution by the mediation is
Supreme Court of much less
Georgia. expensive than
litigation, and
The speakers pointing out that Amy Glass and Tracy Allen
fashioned a several major
Dale Iverson, Deborah Berecz remarkable companies are requiring mediation in all areas
and Raye Rawls. forum where they before litigation. Judges participating in the
encouraged Institute were particularly interested in this session
questions and statements from the participants. In as the most frequent resistance to mediation is that
opening the session Kenneth Cloke made a it adds a layer of costs to the litigation.
statement near and dear to me: “There is no such
thing as a dumb question.” This immediately set In addition,
the invitation to participate. Ms. Rawls and Mr. Naomi
Cloke shined as they displayed the depth of their Woloshin of
skill, experience and knowledge in responding to Ann Arbor
spontaneous questions from attendees. The provided
dialogue forum between speakers and participants helpful
provided an excellent learning experience. Where strategies to
else would you have captive such highly qualified assist parties
Nearly 150 practitioners attended.
ADR advocates? to
communicate effectively, and Douglas Van Epps,
Kenneth Cloke continued his presentation in the director of the SCAO Office of Dispute
civil litigation track, covering topics such as Resolution, provided his annual update on how
responding to intense emotion in mediation and Michigan courts are using ADR.
techniques for dealing with and understanding the
role of organizational systems in creating conflict. Compared with other seminars and institutes I have
Raytheon Rawls, on the domestic relations track, attended, the planners of the 3rd Annual ANDRI
discussed topics such as understanding the mind gave the participants a unique opportunity to pause
and moves of the mediator and how the mediator and network with those in attendance during a
can establish empathy with a particularly difficult mid-afternoon 30-minute break. Those of us who
party. insist on arriving at the last minute are grateful for
the opportunity during the Institute to say hello to
The other speakers for the advocate and consumer our colleagues.
breakout sessions came from the pool of talent we
are fortunate to have in Michigan. Near the end of the opening dialogue, Raytheon
Rawls reminded the participants that, “No one
In the advocates and method fits all.” For this reason, professionals
consumers track, there taking part in ADR are fortunate to have the
were two panel annual ANDRI to be exposed to the varying
discussions. One was methods of ADR
between Circuit Court and to discuss the
Judges Chad Schmucker topics which are
and Cynthia Stephens and being addressed in
Mediators Edward ICLE Education Director, Michigan and
Hartfield and Amy Glass. Shel Starke. nationally.
The paramount issue,
“How Judges and Mediators Can Best Help Each The all-day event included a delicious
Other,” was covered well and remains for further lunch buffet.
discussion as we all promote mediation among
litigators.
The other panel consisted of Alan M. Kanter,
Richard Hurford, Asher Tilchin and Sam Morgan,
Page 7
The PRESORTED STANDARD
ADR U.S. POSTAGE PAID
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PERMIT #1
Newsletter
State Bar of Michigan
306 Townsend St.
Lansing, MI 48933
The ADR Newsletter April, 2004
The ADR Newsletter
is published by the
ADR Section of the
ADR Section’s Annual Meeting Has Grown Up!
State Bar of
Michigan. The views
expressed by
the ADR Section has
HistoricallyButconjunctiongrown theheld itsBar of over
Meeting in
Michigan's. ADR has
with State
Annual
so dramatically
HOW TO KICK START THE USE OF ADR
• Proven techniques for ADR Professionals and the
contributing authors Courts to generate interest in and increase the use of
the last few years in Michigan and attendance at the
do not necessarily Mediation in Michigan
Annual Meeting has grown as well. So, the Section's
reflect the views of the
Annual Meeting is growing up and moving out of the
ADR Section Council.
parents' home! • a look at what's going on in other jurisdictions
This newsletter seeks where Mediation is new
to explore various On September 9 and 10, 2004, join us at the Soaring
viewpoints in the Eagle Resort in Mt. Pleasant for a retreat meant to • how ADR Professionals and Advocates can be
developing field of not only inform but also provide opportunities for prepared for a geometricincrease in ADR usage; and
dispute resolution. conversation, camaraderie and even some fun! Harry why the Courts are going to love it when it
Goodheart III, President of the American College of happens.
For comments, Civil Mediations, will be joining us to facilitate an
contributions or Open Forum Discussion on Thursday, September 9 Don't forget about the Friday afternoon Golf
letters, please contact: from 5:30 - 7:30. This promises to be an excellent Scramble at the beautiful Pohl Cat Golf Course! If
Anne Bachle Fifer: opportunity to dialogue with leaders of various golfing isn't your thing, the Soaring Eagle offers many
sections of the Bar and judges and justices active in other activities and events. So bring the family and
at (616) 365-9236,
the ADR field. join the growing community of ADR providers and
fax: (616) 365-9346
users for a fall break from the routine. See the green
or Benjamin Kerner information and registration forms included in this
On Friday, September 10, following the Business
at (313) 965-1920, Meeting, Mr. Goodheart will give a presentation on: Newsletter for further details.
fax: (313) 965-1921
Page 8
