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Agenda | Day 1
ADR Annual Conference

Speaker

  • Edward H. Pappas

    • Chair, ADR Section, State Bar of Michigan

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Welcome and Introductory Remarks

September 29, 2023 | 8:30 a.m. - 8:45 a.m. ET

Topic

Opening remarks delivered by Edward H. Pappas.

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The What, Why, and How of Transformative Mediation

September 29, 2023 | 8:45 a.m. - 9:35 a.m. ET

Speaker

  • Tara West, J.D., Ph.D.​

Topic

Although transformative mediation is widely recognized as one of the main approaches to mediation, it’s also widely misunderstood. In this talk, certified transformative mediator Tara West will attempt to bridge that gap by sharing what transformative mediation means today (which is not exactly what it meant 25 years ago), compare and contrast it with other mediation approaches, and explain why it’s the approach she now exclusively practices.

Collaborative Law and Co-Resolution Unveiled: Unique Team Approaches to Problem Solving

September 29, 2023 | 9:45 a.m. - 10-35 a.m. ET

Topic

Team approaches are emerging to provide disputants with advocates and mediators who are incentivized to cooperate across the table while still coaching and protecting one side. This panel will introduce Co-resolution and discuss the similarities and differences between Co-resolution and Collaborative Law.

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Collaborative Law is a process in which two attorneys and other interdisciplinary professionals sign a disqualification agreement stating that all professionals will withdraw if the case proceeds to litigation, thereby incentivizing negotiation. Collaborative Law has been in practice since the early 1990s and has become popular worldwide.  Co-resolution is a new process in which a team of negotiation coaches use their ongoing relationship to maintain cooperation, while the parties' ability to walk away motivates each coach to consistently help one disputant. This process promises to offer the same benefits of collaborative law while making cooperative negotiation assistance more accessible to a wide range of clients and professionals. This panel will discuss both processes to spread knowledge of the ways attorneys and mediators can reliably cooperate while serving as advocates/coaches in negotiation.

Speakers

  • Nathan Witkin, J.D., M.P.P.

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  • ​Jessica P. Heltsley

    • Pospiech Family Law & Mediation, PLLC, Bloomfield Hills

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  • Mathew Kobliska

    • Kobliska Law + Mediation, Bloomfield Hills

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Trauma Informed Conflict Resolution – Everything, Everywhere, All At Once 

September 29, 2023 | 10:45 a.m. - 11:35 a.m. ET

Topic

Trauma is part of the world we live in and impacts our personal and professional roles as well as our clients within the ADR profession. Becoming Trauma Informed and possessing a skillset to mitigate or manage a trauma response is a universal precaution when working within Family Mediation and Arbitration. 

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As a professional, becoming trauma informed describes a way of interacting with people in a professional capacity that recognizes they may have been impacted by trauma, it may or will influence their level of participation and as professionals we practice “Doing No Harm”. 

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​You will be provided with an overview of what a trauma informed framework is, what the five trauma responses are, how they present within the ADR continuum of practice and a few basic tools to manage a trauma response of a client or within yourself. 

Speaker

  • Treena Reilkoff, CCM, BA, BSW, QMed, WFA, PHSA

Break
11:35 a.m. - 11:55 a.m.

Welcome Remarks from ADR Section Chair, State Bar President, and Supreme Court Chief Justice Clement

September 29, 2023 | 11:55 a.m. - 12:30 p.m. ET

Topic

Welcome remarks

Speakers

  • Edward H. Pappas

    • Chair, ADR Section, State Bar of Michigan

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  • ​Daniel D. Quick

    • State Bar of Michigan President​

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  • Elizabeth T. Clement

    • Chief Justice, Michigan Supreme Court

Evolving Technologies in ADR-Best Practices and Party Empowerment

September 29, 2023 | 12:30 p.m. - 1:20 p.m. ET

Topic

The pace of digitization in our society is not slowing down; rather, it is accelerating. This rapid technological advancement is reshaping society and, consequently, transforming the field of dispute resolution. To adapt to these changes, it is crucial that we evolve our services to effectively meet the needs of our parties, both today and in the future. In this session, our presenters will delve into the comparison between traditional ADR approaches and emerging online reality. We will explore the primary advantages and challenges associated with online ADR processes. Additionally, we will discuss three specific technology tools that can be integrated into our work with parties, enabling us to enhance the efficiency and effectiveness of our practice.

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By participating in this session, you will gain valuable insights into the evolving landscape of dispute resolution in the digital age. You will acquire practical knowledge and tools that can be applied to your work with parties, enabling you to provide more effective and innovative solutions. We look forward to an engaging and enlightening session as we explore the intersection of technology, ADR, and the changing needs of our parties.

Speakers

  • Harshitha Ram

    • FounderLex ApothekeAttorney, International Arbitrator 

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  • Clare Fowler

    • President, Fowler Mediation

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  • Colin Rule

    • President and CEO of odr.com, Mediate.com, and Arbitrate.com

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Michigan ADR Case Law Update

September 29, 2023 | 1:30 p.m. - 2:20 p.m. ET

Topic

Speaker

Stay current and on top of case law developments with Lee's always interesting and entertaining analysis of recent Michigan appellate decsions concerning arbitration and mediation.

  • Lee Hornberger

    • ​Arbitrator and Mediator, Traverse City

Discrimination in Dispute Resolution

September 29, 2023 | 2:30 p.m. - 3:20 p.m. ET

Topic

Did you know every day you might inadvertently be discriminating against people just based on how you respond to their e-mails? Join Author Dan Berstein as he shares data on how bias affects even the smallest aspects of our work practices. He will also provide tools to notice disparities, address them, and prevent them in the future.  Our unconscious biases mean there are many ways dispute resolvers might accidentally discriminate against parties including screening them out of services, asking inappropriate questions, or providing disparate treatment.  This can affect how quickly or thoroughly we answer emails, how we respond to challenging behaviors, and how we respond to requests for changes to our dispute resolution process.

Berstein teaches dispute resolution professionals how to become attuned to instances of microaggressions and unintentional discrimination, so they can provide parties with the most empowering experiences possible.  Attendees will receive tools to help you notice, prevent, and respond to these various problems so you can provide procedurally fair practices that are consistent and resilient despite any implicit biases.  We will explore a number of examples, including published examples of inadvertent mental illness discrimination within the dispute resolution field.

Speakers

  • Lisa W. Timmons

    • Executive Director, Mediation, Tribunal Association

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  • Dan Berstein, MHS

    • Founder-MH Mediate

Mediated vs. Judicial Decisions in the Business Court

September 29, 2023 | 3:30 p.m. - 4:20 p.m. ET

Topic

Using actual case examples, a judge and a mediator will compare court decisions vs. mediated solutions on business matters. The case scenarios demonstrate how the level of detail in mediated agreements can improve relationships while court decisions are too often win-lose and can polarize.

Speaker

  • Hon. Christopher P. Yates

    • ​Third District, Michigan Court of Appeals

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  • Bradley Glazier 

    • Cunningham Dalman, Holland

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  • Elizabeth Wells Skaggs

    • Varnum, Grand Rapids