Collaborative Process and Consent Judgments under MCR 3.222 and 3.223

By Deborah Bennett Berecz

Collaborative law has been offered in Michigan since 2004 when a group of lawyers, mental health professionals, and financial specialists were trained to practice in this relatively new format.  In this process, parties retain collaboratively-trained lawyers to specifically assist them with negotiating an agreement – not to prepare the matter for hearings or trial.  Parties sign a “participation agreement,” agreeing to this defined scope of legal services, full, transparent disclosure of all information pertinent to settlement, and retention of a team of professionals trained in collaborative law, including a divorce coach.  A series of meetings is conducted and when agreement is reached, a final judgment is signed and the petition is filed with the court.

Combine ADR Processes to Get the Most Beneficial Dispute Resolution Processes

By Antoinette Raheem


Previously published in the Detroit Legal News on October 25, 2019.



Much has been written about the benefits of the different types of Alternative Dispute Resolution (ADR).  We know that arbitration can, among other things, bring finality.  Mediation can help parties to preserve relationships.  Negotiation can save time and money.  Case evaluation, much maligned but still regularly utilized in Michigan, can help parties close the final gap to resolution.  But what if your matter needs more than one of these benefits?  Which do you choose?  Well, the good news is that you do not have to choose at all.  There are many options for mixing different forms of ADR, making your dispute resolution process malleable in accordance with your particular needs.  This article will focus on the “A” in ADR, looking at some of the many alternative ways that dispute resolution can be applied to fit the unique needs of the parties in any given case.  The beauty of combining two or more types of conflict resolution is that parties can maximize the utility of several forms of dispute resolution.

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.

Online Dispute Resolution: Part 2

By Doug Van Epps, Director, Office of Dispute Resolution

Part 1 of this article discussed the key features of Online Dispute Resolution (ODR) systems and the most common goals courts have in providing ODR services.  This article focuses on a pilot project by the State Court Administrative Office (SCAO) to make ODR available in small claims, general civil, landlord/tenant, and neighborhood disputes using the network of 18 Community Dispute Resolution Program (CDRP) centers across the state.

Online Dispute Resolution: Part 1

By Doug Van Epps, Director, Office of Dispute Resolution

Online Dispute Resolution (ODR) is quickly gaining recognition as a means of providing greater customer service and access to justice.  You will be hearing much more about it in the months and years ahead as courts adopt services that allow people to resolve their disputes online.

Child Protection Mediation Program

By Dr. Jane Millar, Ph.D., Executive Director, Northern Community Mediation

In 1998 the federal Court Improvement Program (CIP) recommended that states test whether mediation could be effective in expediting the process of moving alleged child abuse and neglect cases to adjudication. The rationale was that by doing so, the safety, stability, well-being and permanency placement of the child would be achieved sooner rather than later. This conclusion was based upon a collaborative effort among court personnel, child welfare agencies, attorneys, and other stakeholders.

SRL Divorce and On-Site Mediation: Easier Than You Think!

By Hon. Matthew J. Stewart, 35th Circuit Court, Shiawassee County

Cases with self-represented litigants (SRLs) present unique challenges for both courts and litigants. Recently, our court has expedited SRL divorces by offering on-site mediation.  I'm going to describe the system as it works in my office.  My family court bench mate, Hon. Thomas Dignan, also uses this system.  Since he's the expert on operations in his office, I'll stay in my own lane.

Wayne County Probate Court and Community Dispute Resolution Center Work Together to Save Time, Money, and Family Relationships

By the Honorable Lawrence J. Paolucci, Wayne County Probate Court
and Bernard Dempsey, Executive Director of the Wayne Mediation Center

Many courts throughout Michigan have discovered that mediation is an efficient and effective way to manage their contested dockets.  Mediation has been shown to be an especially successful tool in resolving cases that involve ongoing relationships between the parties, as is generally the case in probate and family cases. 

A 'Fresh' Perspective of Restorative Practices

By Nikki Dowd-McKechnie, Executive Director, E.U.P. Community Dispute Resolution Center

The E.U.P. Community Dispute Resolution Center (E.U.P. CDRC) is a nonprofit organization founded in 1993 to conduct mediation for citizens in Chippewa, Luce, and Mackinac Counties in the Upper Peninsula as an alternative to the court process.  Our program is partially funded by the State Court Administrative Office.  We are particularly proud of our Fresh Start program.

On the ADR Horizon -- What the Current Literature Suggests

By Doug Van Epps, Director, Office of Dispute Resolution

Breaking with this column’s typical focus on current alternative dispute resolution (ADR) initiatives, the next few paragraphs will focus on recent publications that envision the possible roles of ADR in our trial courts in the near future. 

New Bench Card Lists Top Reasons to Consider ADR in Each Case, and Also Best Practices

By Doug Van Epps, Director, Office of Dispute Resolution

Mediation is gradually replacing case evaluation as the default alternative dispute resolution (ADR) process in many courts.  It’s easy to see why.  SCAO’s studies have shown that mediation results in a case disposition rate of approximately 75 percent, compared to 22 percent for case evaluation. 

Making Peace in an Unlikely Place Through Alternative Dispute Resolution

By Kate Kesteloot-Scarbrough, Executive Director, Mediation & Restorative Services

Prison might not be the first place you think of when you imagine alternative dispute resolution, but more than 40 men at E.C. Brooks Correctional Facility in Muskegon have been trained as community mediators and they are making peace every day.

Community can mean a town or an intentional gathering of like-minded people, as in a church community or a work place.  It can also be a school or a neighborhood.  I suspect we rarely think of a prison as a community, but I would suggest that prisons are their own communities and they are part of our community, and that is why a Community Dispute Resolution Center trained men to become mediators at E.C. Brooks. 

ADR Developments in Collaborative Law, Parenting Coordination, and Child Protection Mediation

Posted by State Court Administrative Office on Aug 15, 2016 1:28:34 PM
By Doug Van Epps, Director, Office of Dispute Resolution

Three new initiatives signal increased interest in expanding the array of ADR options available to parties for resolving their conflicts in domestic relations and child protection cases, two of which are prompted by recently enacted legislation.

First, the Collaborative Law Rules Committee has been convened to provide recommendations to the Michigan Supreme Court for adopting a new court rule to guide the development of collaborative law in Michigan.