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.
Mea culpa, but as a traditionalist, "Online Dispute Resolution" (ODR) had absolutely no appeal to me. But could it be that traditionally trained mediators have missed the boat, and there may be a class of mediations that lends itself to some form of ODR either in whole or in part? John F. Kennedy may have said it best, “Change is the law of life. And those who look only to the past or present are certain to miss the future.”
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.
Michigan Lawyers Weekly has selected an outstanding group of attorneys and judges to this year's class of "Leaders in the Law" - and the honor is well deserved. Recipients of the award are selected based on their significant achievements in and contributions to the practice of law, leadership in improving our state's justice system, participation within the legal community and their communities at large, and the examples they set for other lawyers. This year's class will be honored at a luncheon celebration on Thursday, March 17, 2016, at the Detroit Marriott Troy.
We offer our congratulations to these fine lawyers and thank them for all they have done and continue to do!
During the past month I have had the good fortune to present to and learn from judges and business in a few different webinars and programs. These presentations underscored how an old idea coined approximately 30 years ago by Mark Galanter is still a goodie and gaining greater currency in the courts – “litigotiation.” With the evolution of judicial case management practices in state and federal courts, litigators would be well served to recognize this evolution and adapt accordingly.
