Two fascinating follow-up studies, one conducted by the Supreme Court Administrative Office (SCAO), and another by the ABA Section on Alternative Dispute Resolution, provide significant insights on the mediation process and the timing of ADR that mediators and litigators should consider. Here we discuss the initial research as well as the follow-up studies.
Read More ADR TechniquesAt the urging of the Michigan Supreme Court, the State Bar of Michigan established a task force to evaluate and propose any recommended changes in discovery practices in the Michigan trial courts. In 2016, as part of the Bar’s 21st Century Task Force final report, the Board included the following amongst its goals:
With increasing frequency (often during a mediation) we hear the refrains: “There are just some people I can’t talk to” or “They just don’t listen to reason.” The polarization of society into the “right” and “wrong” camps is undoubtedly a contributory factor to the reticence to engage in difficult but critically important conversations.
While a fascinating social development, the inability to have productive difficult conversations is all too often self-defeating and counterproductive to important negotiations, including those that take place during mediations. A sine qua non of many successful and mutually beneficial business negotiations is truly engaging in positive conflict resolution through knowing how to have difficult conversations effectively.
Read More ADR Techniques, Successful Mediation TipsThe well-recognized psychological phenomenon known as “commitment to decision” or “escalation of commitment” poses a significant challenge to decision makers and negotiators. Once the commitment to decision hardens, otherwise intelligent and perceptive negotiators become increasingly entrenched in the continued pursuit of an original decision that from all objective data is doomed to failure.
Read More Successful Mediation TipsOn September 15, 2016, Michigan Lawyers Weekly will host its annual award luncheon celebrating “Women in the Law” who have made meaningful contributions to the Michigan legal community, are inspiring and accomplished leaders in the profession, serve as mentors to other women, and who give significant time and effort to volunteerism and pro bono efforts.
In its July 26, 2016 issue, Crain’s Detroit Business published a special report – “The Litigators” – in which it identified attorneys actively engaged in significant litigation that will have impact Michigan’s business climate.
We congratulate all of who have been recognized!
Read More Legal Community