ABCs of ADR and So Much More - A Complete Practice Manual for Lawyers and Judges
Expected early 2025. Pre-order your copy now!
The ABCs of ADR and So Much More: A Complete Practice Manual for Judges and Lawyers (with Practical Pointers and Sample Forms) is being released during a worldwide pandemic. With many court actions adjourned and an influx of new cases expected, ADR has never been so critical to help parties efficiently and cost-effectively resolve disputes.
The practice of simply filing a case and receiving a scheduling order that directs every case toward a trial event is quickly changing. Instead, judges are beginning to triage cases at an early point in the litigation to determine what level of judicial – and ADR – resources best apply to the particular case.
Just as not every person who arrives in an emergency room needs surgery, not every dispute filed in court needs adjudication by trial. Courts’ and parties’ increasingly limited resources require far more proactive and creative means to identify which ADR process(es) are most likely to help parties reach a resolution without posturing a case as if it is going to be tried.
That’s where “The ABCs” comes in. Serving not only as a practice guide for lawyers and judges to identify improved means of managing conflicts, but it also provides a rich compendium of ADR processes, some well-known, some still being tested. In particular, it affords lawyers a means of “thinking differently” about how clients can be better served by not following the traditional path toward a very unlikely trial event. Instead, it encourages lawyers to creatively explore resolving conflicts to attain the highest level of client satisfaction. In short, this much- welcomed resource arrives just in time to help lawyers, their clients, and courts not only meet the enormous challenges that lie ahead but also improve the practice of law.
Expected early 2025. Pre-order your copy now!
Title Page and TOC
Copyright Statements
About the Authors
About the Contributors
List of Exhibits, Sample Forms and Checklists
Perspectives from the Bench
Foreword
Introduction Objectives of “The ABCs,” ADR
Summary Grid and Recent Developments
Chapter One
An Overview – Why ADR Is So Important
Chapter Two
Organization of The ABCs and the Dispute Resolution Continuum
Chapter Three
Facilitative ADR Processes
Chapter Four
Evaluative ADR Processes
Chapter Five
Adjudicative ADR Processes
Chapter Six
Community Dispute Resolution Centers
Chapter Seven
Conclusion
INDEX
About the Authors
Richard L. Hurford is the President of Richard Hurford Dispute Resolution Services, P.C., and a principal in ADRoit Dispute Resolution Services and Strongbridge Negotiation Strategists, P.C. With over 40 years of litigation experience and service as a neutral in ADR processes, he has been inducted into the Michigan Lawyer’s Hall of Fame. He is the past chair of the ADR Section of the Michigan State Bar, the Macomb ADR Committee, the Oakland County ADR Committee, and the ADR Section of the Federal Bar Association for the Eastern District of Michigan. In addition, he chaired the ADR Council of the Engineering Society of Detroit. He has received distinguished service awards from the State Bar of Michigan, the Macomb County Bar Association, and the Engi neering Society of Detroit. A perennial Martindale AV preeminent rated and Best Lawyers in America™, he is a frequent lecturer and author on ADR and a contributor to the Supreme Court Administrative Office’s publication The Michigan Judges Guide to ADR Practice and Procedure. Richard also co-authored two prior editions of the nationally acclaimed The ABCs.” He served on several Michigan Supreme Court and the Sate Court Administrative Office (SCAO) Task Forces that generated recommendations on mediation and judicial case management, ADR practices, revised the ADR Court rules on mediation, recommended the adoption of The Mediator Standards of Practice, and the adoption of the Court’s Order establishing the Summary Jury Trial as a dispute resolution process throughout the state.
Richard, a long-standing litigator until the early 2000s, has arbitrated or tried over 100 cases to a jury or bench verdict. He has a wealth of trial practice experience in business-to-business disputes, product liability, employment, personal injury, medical malpractice, and trade secret protection cases. Since 2009, his professional activities have been exclusively devoted to providing ADR services.
He is a professional with the invitation-only Professional Resolution Experts of Michigan (PREMi), a Distinguished Fellow in the International Academy of Mediators (by invitation only), a member of the National Association of Distinguished Neutrals (by invitation only), and a member of the Michigan State Bar, the ABA, the AAJ, the DRI, and the MDTC.
Paul F. Monicatti has been an arbitrator since 1983 and a mediator since 1986 in all areas of the law except family law and criminal law. He served as court-appointed Settlement Master in federal court when he helped resolve two major Flint, Michigan water contamination-related cases in 2017 and in state court when he helped resolve nearly all of the multi-billion-dollar Dow Corning breast implant insurance coverage litigation involving 112 defendants in the mid-1990s. He also served as the party-selected Mediator in federal court when he helped resolve the largest fair housing discrimination case in U.S. history in the early 1990s. He is co-founder of not only ADRoit Dispute Resolution that provides dispute resolution services to the bench, bar, businesses, and individuals but also Strongbridge Negotiation Strategists that provides negotiation advice, consultation, and training to businesses and individuals. He also co-founded the International Academy of Mediators, which is the preeminent professional organization for active mediators throughout the world.
Paul’s earned the highest ratings possible from Martindale- Hubbell, Best Lawyers in America™, Super Lawyer, U.S. News and World Report, Leading Lawyers, Crain’s Detroit Business, and the international publication Who’s Who Legal: Mediation. A Michigan Lawyers Weekly 2019 Leader in the Law, he was named Best Lawyers’ 2019 Troy, MI Area Mediation Lawyer of the Year, 2018 Troy, MI Area Arbitration Lawyer of the Year, and 2011 Detroit Area ADR Lawyer of the Year.
Paul authored Chapter 16 “Mediation, Arbitration and Other Dispute Resolution Methods” (portions of which have been adapted with permission for use in this publication), in addition to co-authoring Chapter 15 “Settlement and Negotiation” for ICLE’s Michigan Civil Procedure. He also has taught ADR Advocacy Skills in negotiation, mediation, and arbitration at Western Michigan University Cooley Law School and has guest lectured at the law schools of University of Michigan, Michigan State University, Wayne State University, University of Detroit, and Case Western Reserve University.
Lisa Taylor has been an Attorney for over 25 years. For the first part of her career, she represented clients in a variety of litigation matters, concentrating on franchise, employment, and family law. Lisa became a full-time mediator in 2008, as owner of Taylor-Made Solutions, PLLC, dedicating her practice to empowering families to settle their differences civilly.
Lisa served as Secretary of the State Bar of Michigan’s (SBM) Alternative Dispute Resolution Section Council for five years, received the ADR Section’s “George N. Bashara, Jr., Award” for exemplary service and its “Hero of ADR” Award, and now chairs its Legislation and Court Procedures Action Team. The Supreme Court Administrative Office appointed Lisa to serve on the Collaborative Law Court Rules Committee that drafted the Collaborative Law and Consent Judgment court rules. Lisa also chaired a SBM ADR Section Committee that proposed amendments to the Michigan Standards of Conduct for Mediators and the Michigan Court Rules regarding mediator disclosure. Lisa has published articles in the Michigan Lawyer’s Weekly and at Mediate.com and presented at the ADR Section Annual Meetings. Lisa is also a member of the SBM Family Law Section and is a professional with Professional Resolution Experts of Michigan (PREMi). Lisa earned both her Bachelor of Arts in Economics and her Juris Doctor from the University of Michigan and has an AV Preeminent Lawyer rating from Martindale Hubbell, representing the highest level of peer recognition.
Contributors
The authors have greatly benefitted from the generosity of so many thought leaders in ADR and experts in their respective fields. Without the willingness of the many contributors to share their time and talent with us, this comprehensive study and evaluation of ADR processes would not have been possible. We welcome this opportunity to thank them and recognize their contribution.
Perspectives From the Bench
Hon. Bridget Mary McCormack, Chief Justice, Michigan Supreme Court;
Hon. David M. Lawson, Judge U.S. District Court for the Eastern District of Michigan;
Hon. James M. Alexander (retired), Business Court Judge, Oakland County Circuit Court;
Hon. Phyllis C. McMillen, Judge Oakland County Circuit Court; Hon. Lita M. Popke (retired), Business Court Judge, Wayne County Circuit Court;
Hon. Christopher Yates, Business Court Judge, Kent County Circuit Court;
Hon. Phillip Green, Magistrate Judge, U.S. District Court for the Western District of Michigan.
General Contributor on Multiple Sections
Tracy A. Allen, President, Global Resolutions, PLLC, is a neutral mediator and arbitrator, professional ADR trainer, and Distinguished Fellow Emeritus of the International Academy of Mediators. Tracy co-authored two prior editions of “The ABCs.”
Doug Van Epps, Director, Office of Dispute Resolution, Michigan Supreme Court (retired).
Foreword
Doug Van Epps, Director, Office of Dispute Resolution, Michigan Supreme Court (retired).
Amended Michigan Court Rule Overview
Hon. Edward Ewell, Jr., Business Court Judge, Wayne County Circuit Court
Hon. Christopher Yates, Business Court Judge, Kent County Circuit Court
Edward H. Pappas is the Chairman Emeritus of Dickinson Wright PLLC and focuses his practice on complex commercial and business litigation, arbitration and mediation. He is a former President of the State Bar of Michigan and the Oakland County Bar Association and currently President of the State Bar Foundation. He also is a Fellow of the International Society of Barristers, the American College of Civil Trial Mediators, and the Litigation Counsel of America, as well as a Member of the National Academy of Distinguished Neutrals, the International Institute for Conflict Prevention and Resolution Panel of Distinguished Neutrals, and the American Arbitration Association’s Roster of Neutral Commercial Litigation Arbitrators and Mediators.
Michael S. Leib is a Mediator with Leibadr LLC and devotes his time to the mediation of business disputes including bankruptcy disputes. He serves on the State Bar of Michigan’s Alternative Dispute Resolution Council and the Debtor Creditor Committee of the Business Law Section. Mr. Leib has been an active participant in trial skills education, having written several articles and been a faculty member of ICLE Trial Skills Workshops, Federal Bar Association presentations and ABI workshops. He has been listed in The Best Lawyers in America™ and Super Lawyers™, and is AV-rated by Martindale-Hubbell.
IDEA Statutory Meet and Confer and IDEA Mediation
Laura A. Athens, Attorney and Mediator, PLC, provides mediation, facilitation, and arbitration services in special education, higher education, university faculty grievance, employment, harassment, guardianship, and disability rights cases. She currently serves as an arbitrator in automotive class action settlements and previously served as a Hearing Officer in special education and vocational rehabilitation administrative hearings. She is a member of Professional Resolution Experts of Michigan.
Limited Scope Representation
Rebecca Tooman is a family law Attorney in Novi offering assistance with limited scope representation, mediation, and Qualified Domestic Relations Orders (QDROs). Her financial analyst background and accounting degree assist with the resolution of complex monetary disputes. She has presented numerous times on LSR and is a member of the Family Law and ADR Sections of the State Bar.
Neuroscience and Psychologic Behavior in Conflict
Sarah Mikulich, M.S. in Educational Psychology, Ed.S. in School Psychology, is a nationally certified Psychologist. She works with a diverse population diagnosing cognitive and behavioral disorders, as well as developing and implementing evidence-based interventions to maximize outcomes for her patients. Sarah deals with families, individuals, and institutions in conflict and develops strategies to mitigate the impact of the conflict. She is also a consultant to Strongbridge Negotiation Strategists.
Probate Mediation Section
John A. Hohman, Jr., Hohman ADR and Of Counsel, Fink & Fink, PLLC, served as a probate and family judge from 1997 until 2013 and is a former State Court Administrator for the State of Michigan. He is an award-winning jurist and has designed and implemented numerous collaboration-based court improvement programs. He now owns a mediation and arbitration practice, specializing in probate and family matters, and has mediated over 370 probate, family, and business cases since 2016.
Peacemaking and Peacemaking Courts
Susan J. Butterwick, Referee Washtenaw County Trial Court Juvenile Division.
Criminal Law Mediation
Patrick J. Hurford is President of Patrick Hurford PLLC and Of Counsel at Honigman LLP, practicing in the firm’s White Collar Defense and Investigations practice group. He is a former federal prosecutor, serving as both an Assistant United States Attorney for the Eastern District of Michigan and a Trial Attorney in the Criminal Division (Fraud Section) of the U.S. Department of Justice from 2011 to 2018. Before government service, Mr. Hurford was an Associate at Cleary Gottlieb Steen and Hamilton LLP in New York.
Collaborative Law
Deborah Bennett Berecz graduated from Notre Dame Law School in 1993. She is with the firm Berecz & Associates, PLC, with offices in St. Joseph and the greater Grand Rapids area. Deb has mediated family matters since 1997 and, as of 2010, has limited her practice to mediation and collaborative law. She is the author of several articles on ADR published in the MBJ and worked on the SCAO committee, which developed the consent and collaborative process court rules. Deb and her colleagues with PRISM Perspective, LLC, regularly provide collaborative training to attorneys and other professionals in Michigan and other states.
Eldercaring Coordination
Linda Fieldstone, M.Ed., is Co-Chair of the Association for Conflict Resolution (ACR)/Florida Chapter of the Association of Family and Conciliation Courts (FLAFCC) Elder Justice Initiative on Eldercaring Coordination and provides conflict resolution opportunities to families of all ages as Supervisor of Family Court Services, 11th Judicial Circuit Miami-Dade, Florida, servicing families in the court for 26 years. Linda is past president of the Association of Family and Conciliation Courts and involved in research, writing, training, and consultation internationally.
Sue Bronson, LCSW, is Co-Chair of the ACR/FLAFCC Elder Justice Initiative on Eldercaring Coordination and lead trainer. Sue has been a mediator and psychotherapist in private practice for 35 years, teaches mediation at the University of Wisconsin-Milwaukee, and is lead author of the Self-Assessment Tool for Mediators, translated into three languages.
Michelle Morley, Co-Chair of the ACR/FLAFCC Elder Justice Initiative on Eldercaring Coordination, is a Circuit Court Judge sitting in the 5th Judicial Circuit of Florida since 2007. Her assignment includes probate, guardianship, mental health, juvenile, family, and civil jury matters. She is a judicial educator, currently Chairs the Probate Section of the Florida Conference of Circuit Court Judges, and is Vice-Chair of the Florida Judicial Qualifications Commission. (As excerpted from Fieldstone, L., Bronson, S., and Morley, M., “Eldercaring Coordination: The Time Is NOW,” The Michigan Dispute Resolution Journal, Spring/ Summer 2020, 10-14.)
ADR in the Appellate Courts – MCR 7.213, Fed. R. Civ. Pro. 33, and More
A. David Baumhart, III, JD, is mediator with ADRAdvantages, PLC. He is the former Director of the Michigan Court of Appeals Settlement Program (1998-2009), an appellate mediation program for civil cases on appeal, and he currently consults with the MCOA on its revamped mediation program. Mr. Baumhart served as Chair of the State Bar of Michigan’s Alternative Dispute Resolution Section from 2011 to 2012. Before the MCOA in 1998, he was affiliated with Clark Hill PLC.
Friend of Court
Tim Cole is in the State Court Administrative Office, Friend of Court Bureau, Management Analysis. Tim has Master’s and Doctorate Degrees in Public Administration from Western Michigan University. He has been with SCAO for over 22 years. His primary responsibilities include working on child custody, parenting time, and alternate dispute resolution projects.
Online Dispute Resolution Initiatives by the Courts
Doug Van Epps, Director, Office of Dispute Resolution, Michigan Supreme Court (retired).
Diversity and Inclusion
Earlene Baggett-Hayes is the Principal of The Law & Mediation Center in Pontiac, Michigan. She serves as an attorney, mediator, arbitrator, and trainer. Earlene is a member of numerous ADR panels and has published a variety of articles related to ADR. She is a distinguished member of the International Academy of Mediators, a member of Professional Resolution Experts of Michigan, and received the 2018 Michigan State Bar Award for Distinguished Service in ADR.
Arbitration
Lee Hornberger, Arbitrator and Mediator, former Chair of the ADR Section of the State Bar of Michigan, Professional Resolution Experts of Michigan member, and Diplomate Member of the National Academy of Distinguished Neutrals.
Receivers
Anthony J. Caputo, Caputo Brosnan P.C., a former Chairman of the Business Entities Committee of the Tax Section of the State Bar of Michigan.
Michael S. Leib, Leibadr LLC.
Community Dispute Resolution Centers
Craig R. Pappas, Executive Director, The Resolution Center (Macomb, St. Clair, Sanilac, Tuscola, Lapeer, and Huron Counties).
Editing
The authors would also like to recognize the invaluable assistance of Kelsey Monicatti and John Reed of Rain BDM for their critically important and exhaustive editing of the ABCs.
About the Authors
Richard L. Hurford is the President of Richard Hurford Dispute Resolution Services, P.C., and a principal in ADRoit Dispute Resolution Services and Strongbridge Negotiation Strategists, P.C. With over 40 years of litigation experience and service as a neutral in ADR processes, he has been inducted into the Michigan Lawyer’s Hall of Fame. He is the past chair of the ADR Section of the Michigan State Bar, the Macomb ADR Committee, the Oakland County ADR Committee, and the ADR Section of the Federal Bar Association for the Eastern District of Michigan. In addition, he chaired the ADR Council of the Engineering Society of Detroit. He has received distinguished service awards from the State Bar of Michigan, the Macomb County Bar Association, and the Engi neering Society of Detroit. A perennial Martindale AV preeminent rated and Best Lawyers in America™, he is a frequent lecturer and author on ADR and a contributor to the Supreme Court Administrative Office’s publication The Michigan Judges Guide to ADR Practice and Procedure. Richard also co-authored two prior editions of the nationally acclaimed The ABCs.” He served on several Michigan Supreme Court and the Sate Court Administrative Office (SCAO) Task Forces that generated recommendations on mediation and judicial case management, ADR practices, revised the ADR Court rules on mediation, recommended the adoption of The Mediator Standards of Practice, and the adoption of the Court’s Order establishing the Summary Jury Trial as a dispute resolution process throughout the state.
Richard, a long-standing litigator until the early 2000s, has arbitrated or tried over 100 cases to a jury or bench verdict. He has a wealth of trial practice experience in business-to-business disputes, product liability, employment, personal injury, medical malpractice, and trade secret protection cases. Since 2009, his professional activities have been exclusively devoted to providing ADR services.
He is a professional with the invitation-only Professional Resolution Experts of Michigan (PREMi), a Distinguished Fellow in the International Academy of Mediators (by invitation only), a member of the National Association of Distinguished Neutrals (by invitation only), and a member of the Michigan State Bar, the ABA, the AAJ, the DRI, and the MDTC.
Paul F. Monicatti has been an arbitrator since 1983 and a mediator since 1986 in all areas of the law except family law and criminal law. He served as court-appointed Settlement Master in federal court when he helped resolve two major Flint, Michigan water contamination-related cases in 2017 and in state court when he helped resolve nearly all of the multi-billion-dollar Dow Corning breast implant insurance coverage litigation involving 112 defendants in the mid-1990s. He also served as the party-selected Mediator in federal court when he helped resolve the largest fair housing discrimination case in U.S. history in the early 1990s. He is co-founder of not only ADRoit Dispute Resolution that provides dispute resolution services to the bench, bar, businesses, and individuals but also Strongbridge Negotiation Strategists that provides negotiation advice, consultation, and training to businesses and individuals. He also co-founded the International Academy of Mediators, which is the preeminent professional organization for active mediators throughout the world.
Paul’s earned the highest ratings possible from Martindale- Hubbell, Best Lawyers in America™, Super Lawyer, U.S. News and World Report, Leading Lawyers, Crain’s Detroit Business, and the international publication Who’s Who Legal: Mediation. A Michigan Lawyers Weekly 2019 Leader in the Law, he was named Best Lawyers’ 2019 Troy, MI Area Mediation Lawyer of the Year, 2018 Troy, MI Area Arbitration Lawyer of the Year, and 2011 Detroit Area ADR Lawyer of the Year.
Paul authored Chapter 16 “Mediation, Arbitration and Other Dispute Resolution Methods” (portions of which have been adapted with permission for use in this publication), in addition to co-authoring Chapter 15 “Settlement and Negotiation” for ICLE’s Michigan Civil Procedure. He also has taught ADR Advocacy Skills in negotiation, mediation, and arbitration at Western Michigan University Cooley Law School and has guest lectured at the law schools of University of Michigan, Michigan State University, Wayne State University, University of Detroit, and Case Western Reserve University.
Lisa Taylor has been an Attorney for over 25 years. For the first part of her career, she represented clients in a variety of litigation matters, concentrating on franchise, employment, and family law. Lisa became a full-time mediator in 2008, as owner of Taylor-Made Solutions, PLLC, dedicating her practice to empowering families to settle their differences civilly.
Lisa served as Secretary of the State Bar of Michigan’s (SBM) Alternative Dispute Resolution Section Council for five years, received the ADR Section’s “George N. Bashara, Jr., Award” for exemplary service and its “Hero of ADR” Award, and now chairs its Legislation and Court Procedures Action Team. The Supreme Court Administrative Office appointed Lisa to serve on the Collaborative Law Court Rules Committee that drafted the Collaborative Law and Consent Judgment court rules. Lisa also chaired a SBM ADR Section Committee that proposed amendments to the Michigan Standards of Conduct for Mediators and the Michigan Court Rules regarding mediator disclosure. Lisa has published articles in the Michigan Lawyer’s Weekly and at Mediate.com and presented at the ADR Section Annual Meetings. Lisa is also a member of the SBM Family Law Section and is a professional with Professional Resolution Experts of Michigan (PREMi). Lisa earned both her Bachelor of Arts in Economics and her Juris Doctor from the University of Michigan and has an AV Preeminent Lawyer rating from Martindale Hubbell, representing the highest level of peer recognition.
Contributors
The authors have greatly benefitted from the generosity of so many thought leaders in ADR and experts in their respective fields. Without the willingness of the many contributors to share their time and talent with us, this comprehensive study and evaluation of ADR processes would not have been possible. We welcome this opportunity to thank them and recognize their contribution.
Perspectives From the Bench
Hon. Bridget Mary McCormack, Chief Justice, Michigan Supreme Court;
Hon. David M. Lawson, Judge U.S. District Court for the Eastern District of Michigan;
Hon. James M. Alexander (retired), Business Court Judge, Oakland County Circuit Court;
Hon. Phyllis C. McMillen, Judge Oakland County Circuit Court; Hon. Lita M. Popke (retired), Business Court Judge, Wayne County Circuit Court;
Hon. Christopher Yates, Business Court Judge, Kent County Circuit Court;
Hon. Phillip Green, Magistrate Judge, U.S. District Court for the Western District of Michigan.
General Contributor on Multiple Sections
Tracy A. Allen, President, Global Resolutions, PLLC, is a neutral mediator and arbitrator, professional ADR trainer, and Distinguished Fellow Emeritus of the International Academy of Mediators. Tracy co-authored two prior editions of “The ABCs.”
Doug Van Epps, Director, Office of Dispute Resolution, Michigan Supreme Court (retired).
Foreword
Doug Van Epps, Director, Office of Dispute Resolution, Michigan Supreme Court (retired).
Amended Michigan Court Rule Overview
Hon. Edward Ewell, Jr., Business Court Judge, Wayne County Circuit Court
Hon. Christopher Yates, Business Court Judge, Kent County Circuit Court
Edward H. Pappas is the Chairman Emeritus of Dickinson Wright PLLC and focuses his practice on complex commercial and business litigation, arbitration and mediation. He is a former President of the State Bar of Michigan and the Oakland County Bar Association and currently President of the State Bar Foundation. He also is a Fellow of the International Society of Barristers, the American College of Civil Trial Mediators, and the Litigation Counsel of America, as well as a Member of the National Academy of Distinguished Neutrals, the International Institute for Conflict Prevention and Resolution Panel of Distinguished Neutrals, and the American Arbitration Association’s Roster of Neutral Commercial Litigation Arbitrators and Mediators.
Michael S. Leib is a Mediator with Leibadr LLC and devotes his time to the mediation of business disputes including bankruptcy disputes. He serves on the State Bar of Michigan’s Alternative Dispute Resolution Council and the Debtor Creditor Committee of the Business Law Section. Mr. Leib has been an active participant in trial skills education, having written several articles and been a faculty member of ICLE Trial Skills Workshops, Federal Bar Association presentations and ABI workshops. He has been listed in The Best Lawyers in America™ and Super Lawyers™, and is AV-rated by Martindale-Hubbell.
IDEA Statutory Meet and Confer and IDEA Mediation
Laura A. Athens, Attorney and Mediator, PLC, provides mediation, facilitation, and arbitration services in special education, higher education, university faculty grievance, employment, harassment, guardianship, and disability rights cases. She currently serves as an arbitrator in automotive class action settlements and previously served as a Hearing Officer in special education and vocational rehabilitation administrative hearings. She is a member of Professional Resolution Experts of Michigan.
Limited Scope Representation
Rebecca Tooman is a family law Attorney in Novi offering assistance with limited scope representation, mediation, and Qualified Domestic Relations Orders (QDROs). Her financial analyst background and accounting degree assist with the resolution of complex monetary disputes. She has presented numerous times on LSR and is a member of the Family Law and ADR Sections of the State Bar.
Neuroscience and Psychologic Behavior in Conflict
Sarah Mikulich, M.S. in Educational Psychology, Ed.S. in School Psychology, is a nationally certified Psychologist. She works with a diverse population diagnosing cognitive and behavioral disorders, as well as developing and implementing evidence-based interventions to maximize outcomes for her patients. Sarah deals with families, individuals, and institutions in conflict and develops strategies to mitigate the impact of the conflict. She is also a consultant to Strongbridge Negotiation Strategists.
Probate Mediation Section
John A. Hohman, Jr., Hohman ADR and Of Counsel, Fink & Fink, PLLC, served as a probate and family judge from 1997 until 2013 and is a former State Court Administrator for the State of Michigan. He is an award-winning jurist and has designed and implemented numerous collaboration-based court improvement programs. He now owns a mediation and arbitration practice, specializing in probate and family matters, and has mediated over 370 probate, family, and business cases since 2016.
Peacemaking and Peacemaking Courts
Susan J. Butterwick, Referee Washtenaw County Trial Court Juvenile Division.
Criminal Law Mediation
Patrick J. Hurford is President of Patrick Hurford PLLC and Of Counsel at Honigman LLP, practicing in the firm’s White Collar Defense and Investigations practice group. He is a former federal prosecutor, serving as both an Assistant United States Attorney for the Eastern District of Michigan and a Trial Attorney in the Criminal Division (Fraud Section) of the U.S. Department of Justice from 2011 to 2018. Before government service, Mr. Hurford was an Associate at Cleary Gottlieb Steen and Hamilton LLP in New York.
Collaborative Law
Deborah Bennett Berecz graduated from Notre Dame Law School in 1993. She is with the firm Berecz & Associates, PLC, with offices in St. Joseph and the greater Grand Rapids area. Deb has mediated family matters since 1997 and, as of 2010, has limited her practice to mediation and collaborative law. She is the author of several articles on ADR published in the MBJ and worked on the SCAO committee, which developed the consent and collaborative process court rules. Deb and her colleagues with PRISM Perspective, LLC, regularly provide collaborative training to attorneys and other professionals in Michigan and other states.
Eldercaring Coordination
Linda Fieldstone, M.Ed., is Co-Chair of the Association for Conflict Resolution (ACR)/Florida Chapter of the Association of Family and Conciliation Courts (FLAFCC) Elder Justice Initiative on Eldercaring Coordination and provides conflict resolution opportunities to families of all ages as Supervisor of Family Court Services, 11th Judicial Circuit Miami-Dade, Florida, servicing families in the court for 26 years. Linda is past president of the Association of Family and Conciliation Courts and involved in research, writing, training, and consultation internationally.
Sue Bronson, LCSW, is Co-Chair of the ACR/FLAFCC Elder Justice Initiative on Eldercaring Coordination and lead trainer. Sue has been a mediator and psychotherapist in private practice for 35 years, teaches mediation at the University of Wisconsin-Milwaukee, and is lead author of the Self-Assessment Tool for Mediators, translated into three languages.
Michelle Morley, Co-Chair of the ACR/FLAFCC Elder Justice Initiative on Eldercaring Coordination, is a Circuit Court Judge sitting in the 5th Judicial Circuit of Florida since 2007. Her assignment includes probate, guardianship, mental health, juvenile, family, and civil jury matters. She is a judicial educator, currently Chairs the Probate Section of the Florida Conference of Circuit Court Judges, and is Vice-Chair of the Florida Judicial Qualifications Commission. (As excerpted from Fieldstone, L., Bronson, S., and Morley, M., “Eldercaring Coordination: The Time Is NOW,” The Michigan Dispute Resolution Journal, Spring/ Summer 2020, 10-14.)
ADR in the Appellate Courts – MCR 7.213, Fed. R. Civ. Pro. 33, and More
A. David Baumhart, III, JD, is mediator with ADRAdvantages, PLC. He is the former Director of the Michigan Court of Appeals Settlement Program (1998-2009), an appellate mediation program for civil cases on appeal, and he currently consults with the MCOA on its revamped mediation program. Mr. Baumhart served as Chair of the State Bar of Michigan’s Alternative Dispute Resolution Section from 2011 to 2012. Before the MCOA in 1998, he was affiliated with Clark Hill PLC.
Friend of Court
Tim Cole is in the State Court Administrative Office, Friend of Court Bureau, Management Analysis. Tim has Master’s and Doctorate Degrees in Public Administration from Western Michigan University. He has been with SCAO for over 22 years. His primary responsibilities include working on child custody, parenting time, and alternate dispute resolution projects.
Online Dispute Resolution Initiatives by the Courts
Doug Van Epps, Director, Office of Dispute Resolution, Michigan Supreme Court (retired).
Diversity and Inclusion
Earlene Baggett-Hayes is the Principal of The Law & Mediation Center in Pontiac, Michigan. She serves as an attorney, mediator, arbitrator, and trainer. Earlene is a member of numerous ADR panels and has published a variety of articles related to ADR. She is a distinguished member of the International Academy of Mediators, a member of Professional Resolution Experts of Michigan, and received the 2018 Michigan State Bar Award for Distinguished Service in ADR.
Arbitration
Lee Hornberger, Arbitrator and Mediator, former Chair of the ADR Section of the State Bar of Michigan, Professional Resolution Experts of Michigan member, and Diplomate Member of the National Academy of Distinguished Neutrals.
Receivers
Anthony J. Caputo, Caputo Brosnan P.C., a former Chairman of the Business Entities Committee of the Tax Section of the State Bar of Michigan.
Michael S. Leib, Leibadr LLC.
Community Dispute Resolution Centers
Craig R. Pappas, Executive Director, The Resolution Center (Macomb, St. Clair, Sanilac, Tuscola, Lapeer, and Huron Counties).
Editing
The authors would also like to recognize the invaluable assistance of Kelsey Monicatti and John Reed of Rain BDM for their critically important and exhaustive editing of the ABCs.
Expected early 2025. Pre-order your copy now!
Title Page and TOC
Copyright Statements
About the Authors
About the Contributors
List of Exhibits, Sample Forms and Checklists
Perspectives from the Bench
Foreword
Introduction Objectives of “The ABCs,” ADR
Summary Grid and Recent Developments
Chapter One
An Overview – Why ADR Is So Important
Chapter Two
Organization of The ABCs and the Dispute Resolution Continuum
Chapter Three
Facilitative ADR Processes
Chapter Four
Evaluative ADR Processes
Chapter Five
Adjudicative ADR Processes
Chapter Six
Community Dispute Resolution Centers
Chapter Seven
Conclusion
INDEX