Because 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.
Social 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.
Discovery 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….”
As January 1, 2020, draws closer, litigators would be wise to consider how the the promulgation of Michigan Supreme Court Order 2018-19, will affect how they practice under important amendments to the Michigan Court Rules – particularly those dealing with proportionality, electronically stored information (ESI), and alternative dispute resolution (ADR).
With the promulgation of Michigan Supreme Court Order 2018-19, many significant and important amendments to the Michigan Court Rules will become effective January 1, 2020. In this post, we look at the rule regarding initial disclosures and how lawyers may need to consider their current litigation approaches.
