Evolving research and studies, as well as my preliminary discussions with the September ADR panel presenters, emphasize that the selection of the “right” mediator is the most important step on the journey to a successful mediation. As the data and my conversations have reinforced, qualified mediators possess certain critical characteristics such as creativity, persistence, subject matter knowledge, and listening skills. I want to focus now on preparation.
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.
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.
The Michigan Judicial Institute, the State Court Administrative Office’s continuing education division, held its annual Judicial Conference on October 27-28 in Grand Rapids, and Richard Hurford was one of the speakers to take the podium.
