In the Dispute Resolution Spotlight: The Summary Jury Trial

By Doug Van Epps, Director, Office of Dispute Resolution

While mediation has steadily become the most common alternative dispute resolution (ADR) process in Michigan, a summary jury trial may be an appropriate tool where parties would like input from a jury on liability or damages but do not want to engage in a full formal trial.

In brief, a summary jury trial (SJT) is a one-day event in which attorneys try a case before real jurors and receive a verdict the same day.  The expanded structure of the SJT, which includes limited time for voir dire, presenting evidence, and witnesses, appears in AO 2015-1.  Notably, the evidentiary rules are relaxed to permit the lawyers to directly share witness testimony and other evidence to the jury.  While the administrative order outlines the necessary structure, there is also wide flexibility to tailor th eprocess to the dispute.

Although courts have been authorized to pilot the use of the process since 2015, only a few cases have actually been tried, perhaps because of lawyers’ and judges’ unfamiliarity with the process.  To address this, the State Court Administrative Office (SCA0) is hosting a four-hour Summary Jury Trial Summit on October 31 at the Michigan Hall of Justice.

Sharing his very positive experience with the SJT process will be Hon. Lucindo Suarez of the New York Supreme Court, Bronx, New York.  Judge Suarez has been the SJT Coordinator for the State of New York since 2006, and has catalogued more than 6,000 SJTs taking place in the state.  He reports high settlement rates following the SJT, and high user satisfaction with the process.  While the process can be used in many case types, the process is primarily used in auto negligence cases in New York. 

Chief Justice Bridget McCormack will also attend to encourage lawyers and judges to experiment with the process.

SCAO has published information online about the SJT process, including a set of frequently asked questions.

There is no charge to attend the Summit, however, space is limited.  To register, please send an e-mail by October 17 to: Gabrielle Simon-Lake (lakeg@courts.mi.gov) indicating your intention to attend the program, identifying any special dietary needs, any request for an overnight accommodation if sponsored by a government agency, and any request for an accommodation for a disability. 

SCAO will e-mail registration confirmation within two days of receiving the request.

If you have questions about the Summary Jury Trial process or the purpose of the Summit, please contact Robert “Bobby” Raitt at 800-968-1001 or rraitt@michiganautolaw.com.  Questions about logistics for the Summit can be directed to Doug Van Epps, Director, Office of Dispute Resolution, at 517-373-4840 or vaneppsd@courts.mi.us.

Doug Van Epps is Director of the Office of Dispute Resolution for the Michigan Supreme Court.  His 23 year tenure there has included serving as the Director of numerous programs, including the Community Dispute Resolution Program, Permanency Planning Mediation Program, Michigan Agricultural Mediation Program, and Michigan Special Education Mediation Program.  Mr. Van Epps oversees grants totaling approximately $2 million to 18 non-profit organizations that provide dispute resolution services throughout the state, as well as oversees the development of training for all specialized mediation services. 

Mr. Van Epps coordinated the Michigan Supreme Court Task Force on Dispute Resolution that led to the creation of a series of dispute resolution court rules.  Currently, Mr. Van Epps oversees implementation of those rules and initiatives to integrate alternative dispute resolution processes into trial court caseflow management practices. 

He is a member of the State Bar of Michigan, its ADR Section, and numerous national ADR associations, and routinely authors articles and presents on ADR topics at law schools and conferences.