Michigan's business courts continue to have a significant impact on litigation in our state. With an emphasis on efficiency and expediency, judges now encourage parties to exchange information and negotiate settlement earlier than ever, placing mediation, arbitration, and other useful ADR techniques squarely in the spotlight.
Richard Hurford, along with accomplished and well-recognized litigators and ADR practitioners Douglas Toering and Brian Wasson, recently led a discussion regarding the developments in the business courts, a program that was recorded and now available on demand through the Institute of Continuing Legal Education. For more information and to purchase access to the webinar, please visit the ICLE website.
At the end of 2015, the Oakland County Business Court established a case management protocol applicable to all cases within its jurisdiction. The protocol covers a variety of topics and procedures, including electronic service, status conferences, and discovery and e-discovery. Practitioners in the Oakland County Business Court need to familiarize themselves with these guidelines, which can be found on the court's website.
In a recent article, co-authors Hon. John C. Foster, Richard L. Hurford, and Douglas L. Toering reviewed the statute establishing Michigan's business courts, the rationale behind it, and a comparison of arbitration, as well as offering a protocol for pre-litigation mediation.
Effective joint sessions just don’t happen by giving parties carte blanche to talk; like all other aspects of the mediation process preparation and planning are essential. Two of the fundamental purposes of the joint session are to persuasively impact the opposing party’s best alternative to a negotiated agreement (“BATNA”) and enhance the effectiveness of the discussions that will take place between the mediator and each party during subsequent private caucuses.
A mediation process option in danger of going the way of the dinosaur is the joint session. Lawyers generally hate them and often deem them counter-productive and a waste of time – “Can’t we just get down to business, go to our respective rooms, and start the negotiation process.” While some mediators may agree, virtually every well-respected mediator training program encourages the informed, selective use of joint sessions.
