It is my privilege to introduce the Alternative Dispute Resolution theme edition on behalf of the State Bar of Michigan ADR Section. If you are an ADR professional or a litigator who utilizes ADR services, we hope you find the articles to be interesting, innovative, and beneficial to your practice. But let me use this opportunity to shamelessly promote the section.

If you are a litigator and not a member of the ADR Section, why not? According to the Michigan Supreme Court, less than 1.5% of civil cases filed in the state’s circuit courts are resolved through trial.¹ Most cases are ordered to mediation at some point if the parties have not already agreed to do so. And more and more contracts include mandatory arbitration provisions for employment, construction, consumer transactions, or corporate relationships. As such, the number of disputes resolved in mediation or arbitration has increased and will only continue to increase in the future. Obtaining the best results for clients through ADR is a necessary skill for any litigator, and the ADR Section provides valuable education and training to assist litigators and neutrals.

Programs designed for mediators include the Mediator Forum, where mediators share their favorite techniques, experiences, interventions, and approaches to mediating money issues.² The ADR Section Annual Conference and other offerings provide Supreme Court Administrative Office-approved advanced mediation training credits necessary to remain on court-appointed mediation rosters.

There are also plenty of programs for advocates who use ADR services. For example, the ADR Section recently hosted two arbitration presentations — “Achieving the Goals of Arbitration: Working with the Administration, the Arbitrator, and your Opponent”³ and “Comparing International and Domestic Arbitrations: Tips for Advocates, Clients, and Arbitrators.”⁴ The section recently collaborated with the Business Law, Labor, Employment Law, and Young Lawyers sections to present “Mediation Advocacy: A Best Practices Review.”⁵

If these programs sound relevant to your practice but you missed them, the ADR Section web page includes content and presentations from prior conferences, summits, the section’s Lunch and Learn series, and other webinars; it also includes all written materials maintained over the years. For the $40 annual membership fee, there is an abundance of resources available online for ADR professionals and those who utilize ADR. These resources are especially valuable for newer litigators.

As many of us know, the practice of law is much different than it was 20-plus years ago. There is certainly an increase in ADR and a decrease in jury trials. But the next generation of lawyers is learning to practice law in the Zoom environment. There are concerns about the loss of the experience of arguing motions live in the courthouse. However, another byproduct of the Zoom courthouse is the lack of in-person interactions with opposing counsel. Couple that with the increased reliance on e-mail rather than picking up the phone to communicate and the next generation of lawyers will not have the experience, skillset, or perhaps even the desire to attempt to settle cases directly with opposing counsel. Accordingly, they will likely rely heavily on neutrals to resolve cases. And, as noted by the article in this edition entitled “Proposed Advancements in Mediation Practices: Placing Clients at the Center of Mediation,” mediation has become more crucial because of the decline in civility — another reality of practicing law today. These factors highlight that the ADR Section training and materials, including The Michigan Dispute Resolution Journal, are necessary tools for every litigator.

The ADR Section mission is to encourage conflict resolution by:

• training and education for ADR professionals;
• professionals the tools to empower people in conflict to create optimal resolutions;
• diversity and inclusion in the training, development, and selection of ADR providers and encouraging elimination of discrimination and bias;
• the use of alternative dispute resolution processes in our courts, government, businesses, and communities; and
• and preserving public confidence in ADR.

While each of these objectives is central to the mission, the last point was recently added by the ADR Council, and its importance cannot be overstated. For many litigants, their engagement with the justice system will end with ADR. The goal for all litigants, especially those ordered to participate, is feeling that they had an opportunity to be heard and obtain a just resolution not tainted by the impression that ADR is a “secretive corner of the legal world.”⁶ This objective has been a component of the section’s previous work; it is now specifically part of the mission to ensure it is regularly considered by each of our committees. The section should lead the discussion to ensure fair and impartial neutrals and the quality and integrity of the process to preserve public confidence in ADR.⁷

Those who use ADR services are a necessary voice at the table. I again encourage litigators to join the ADR Section and engage in the discussion. We can, and should, continue to evaluate how we can improve mediation and arbitration for the benefit of an efficient, fair, and just process.