Sadly, the light at the end of the coronavirus tunnel seems a bit faint until there is a proven innoculation. With no end currently in sight, the “new normal” of social distancing, telecommuting, and other dramatic changes to how we live and work will be with us for a while. This includes the way we attempt to resolve disputes.
Read More Legal CommunityWith the fondest of memories, ADRoit would like to recognize the life of William Caprathe – a remarkable friend, mentor, and legal lion. Judge Caprathe was truly committed to improving the practice of law and honing his skills as a tireless and compassionate jurist, mediator, and advocate of improving the jury trial process and the practice of law.
Read More Legal CommunityBecause Michigan’s courts are all but closed during the COVID-19 coronavirus pandemic, if you need to adjourn in-person mediations and arbitrations, you should do so; everyone will understand and undoubtedly support that decision. But if you need to proceed with your mediation or arbitration in a safe environment, and there aren’t other reasons against it, then “remote” ADR using videoconferencing is a viable option. In fact, we can all anticipate an increase in online mediation and arbitration proceedings using digital platforms over the next few months.
Read More ADR Techniques, Successful Mediation TipsSocial distancing, self-isolation, self-quarantining are terms no one used or even know a few months ago. Today, they are part of our everyday lives and the measures we take to protect our families, neighbors, friends, co-workers, and clients from the COVID-19 coronavirus.
Given Governor Whitmer’s shelter-in-place executive order and the Michigan Supreme Court’s administrative orders to restrict access to courts and placing dockets across the state on hold, the message is clear – take care, stay safe, stay home, and be smart. None of us want to take any steps that place others and ourselves at risk. But we can implement strategies to cope with the current crisis.
Read More Legal Update, ADR TechniquesDiscovery and discovery disputes are two of the most significant drivers in the cost of litigation. Effective January 1, 2020, who and how litigants resolve discovery issues under the court rules is changing in Michigan. With the addition of a new provision – MCR 2.411(H) – the Michigan Supreme Court ordered: “The parties may stipulate to or the court may order the mediation of discovery disputes….”
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