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Michigan Court of Appeals Affirms Enforcement of Mediated Settlement Agreement in Custody Case – by Lee Hornberger

The Michigan Court of Appeals recently increased the flexibility of what parents can agree upon in mediation. Rettig v Rettig, 322 Mich App 750; 912 NW2d 877 (2018). Rettigis the most recent Michigan Court of Appeals published decision concerning the enforceability of a mediation settlement agreement since Vittiglio v Vittiglio, 297 Mich App 391; 824 NW2d 591 (2012), lv dn 493 Mich 936; 825 NW2d...
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Summary Jury Trials Another form of ADR – by William D. Gilbride Jr.

A summary jury trial is a one-day jury trial that combines the flexibility and cost-effectiveness of arbitration with the structure of a conventional trial. The process is simple: the parties select a petit jury and try the case in court before the petit jury on a limited basis. The summary trial is completed in one day with a limit on the number of live witnesses and allows for the...
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Mediators can effectively flip the script – by Earlene Baggett-Hayes

When parties reach what may appear to be an impasse in mediation, mediators often employ various reality testing techniques. They may ask questions such as, “What do you think will happen if…?” or “How do you think the other side will respond if…?” Another technique is for the mediator to suggest each party step into the shoes of the other side. Frequently, however, parties continue...
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Impact of Due Process Protocol Principles on Arbitration of Statutory Employment Cases in Michigan

On May 9, 1995, the Task Force issued its “Protocol” recommendations. Arnold M Zack, NAA President 1994-1995, considered the Protocol “a rather modest undertaking to protect the credibility of labor management arbitration and to provide guidance to NAA arbitrators who might be undertaking such [employment arbitration] work.” “The Due Process Protocol: Getting There and Getting Over...
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In Mediation, Process and Timing Really Do Matter (Plus A Special Bonus Opportunity)

Two fascinating follow-up studies, one conducted by the Supreme Court Administrative Office (SCAO), and another by the ABA Section on Alternative Dispute Resolution, provide significant insights on the mediation process and the timing of ADR that mediators and litigators should consider.  Before discussing these follow-ups, let’s quickly review the initial studies In the first ABA study, Task...
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