Sponsored by: The Institute of Continuing Legal Education
Cosponsored by: The Alternative DisputeResolution Section of the State Bar of Michigan and the State CourtAdministrative Office, Office of Dispute Resolution
Don't miss the biggest andmost diverse "Must Attend" ADR education, networking, andskill-building event of the year. This award-winning program bringstogether mediators and ADR providers as well as judges and litigatorsfor skill-building, sharing new techniques, exchanging information,networking, and changing the climate in Michigan for ADR.
Thisyear, we're joined by an internationally renowned mediator, mediationtrainer, university professor, and best-selling author MichelleLeBaron, University of British Columbia, Vancouver. Respected,sought-after, and highly regarded by her peers, Professor LeBaron willbe presenting throughout the day. With four tracks, ANDRI offersexciting programs for every segment of the ADR community. OurNegotiation Track offers programming to improve your settlementresults; our Mediation Track offers programming to enhance your skillsand add new techniques to your toolbox; the Arbitration Track will helpyou become a well rounded ADR service provider; and our DomesticRelations Track will provide information, skill-building and trainingfor anyone wanting to focus on the family law side of their work. Mixand match tracks or stay in one all day. You choose. Tailor ANDRI tosuit your individual needs and interests.
Don't miss the returnof the Moosewood case! Compare the caucus techniques and approach ofJon Muth with the plenary techniques and approach of Zena Zumeta. Watchthem each separately mediate the Moosewood dispute but this time the"only" issue is money! If you enjoyed this segment last year, you'lllove it this year!
Speakers
Richard L. Braun, II
Barbara A. Johannessen
Anne Smiley, MA
Carl H. von Ende
8:30 AM - 8:45 AM
Welcome, Introduction of Moderators, and Update of ADR Section Activities
Richard L. Braun, II
Grosse Pointe Park
8:45 AM - 9:05 AM
Court Filing Trends and ADR Update
Douglas A. Van Epps
Director
Office of Dispute Resolution, State Court Administrative Office; Lansing
9:05 AM - 9:55 AM
KEYNOTE PRESENTATION: Intuition Pearls & Perils - Is Intuition a Resource for Resolving Conflict?
* exploring working definitions of intuition
* ways of experiencing intuition
* a decision-making process for discernment
* advantages and traps of intuition for dispute resolvers
L. Michelle LeBaron
Professor of Law, Director, UBC Program on Dispute Resolution
University of British Columbia; Vancouver, BC
10:00 AM - 11:00 AM
Negotiation Track: Negotiating with Your Own Client
* dealing with client expectations
* evaluating the matter
* establishing a range with the client
* tips
* perils
Kathleen L. Bogas
Eisenberg & Bogas PC; Bloomfield Hills
10:00 AM - 11:00 AM
Mediation Track: Intuition Workshop for General Civil Mediators
* personal and cultural differences
* intuition and conflict: reconciling differences
* intuition and creative problem solving
L. Michelle LeBaron
Professor of Law, Director, UBC Program on Dispute Resolution
University of British Columbia; Vancouver, BC
10:00 AM - 11:00 AM
Arbitration Track: State of the Law in ADR
Mary A. Bedikian
MSU College of Law; East Lansing
10:00 AM - 11:00 AM
Domestic Relations Track: Caucus Strategies for Mediators and Advocates in Domestic Relations Disputes: "Now That We're Alone"
Zena D. Zumeta
Mediation Training & Consultation Institute; Ann Arbor
Barbara L. Watry
Barbara L Watry Attorney at Law; Dearborn
11:15 AM - 12:15 PM
Negotiation Track: Reaching Agreement - A Hands-On Roleplay Exercise
Christopher J. Webb, JD
Law & ADR Offices of Christopher J. Webb JD PLC; Farmington Hills
11:15 AM - 12:15 PM
Mediation Track: Archetypal Lawyer Roles in Mediation - When the Attorney Becomes the Problem
* the inattentive lawyer
* the lawyer without authority
* the lawyer who refuses to advise
* the positional bargainer
* the lawyer who says "it will never settle"
W. Peter Doren
Sondee Racine & Doren PLC; Traverse City
11:15 AM - 12:15 PM
Arbitration Track: Med/Arb - A Cautionary Tale: It Ain't As Easy (or Ethical) As It Looks!
* when it arises
* ethical considerations
* practical problems
* consequences
* examples
* arb/med
James J. Vlasic
Bodman LLP; Troy
Charles W. Borgsdorf
Hooper Hathaway PC; Ann Arbor
11:15 AM - 12:15 PM
Domestic Relations Track: Intuition Workshop for Domestic Relations Mediators
* personal and cultural differences
* intuition and conflict: reconciling differences
* intuition and creative problem solving
L. Michelle LeBaron
Professor of Law, Director, UBC Program on Dispute Resolution
University of British Columbia; Vancouver, BC
12:15 PM - 1:45 PM
Lunch on Premises: Dealing with High Emotions in Mediation - And When They Should Cause Concern!
Sharon R. Hobbs, Ph.D.
Abbott Road Center for the Family; East Lansing
1:45 PM - 2:45 PM
Negotiation Track: Bridging Cultural Conflict - Imagining a Culturally Fluent Future
* defining cultural fluency
* applying cultural fluency
* working effectively across differences
* what to do when differences are not visible
L. Michelle LeBaron
Professor of Law, Director, UBC Program on Dispute Resolution
University of British Columbia; Vancouver, BC
1:45 PM - 2:45 PM
Mediation Track: What We're Doing at the Table: Insurance Industry Tells (Almost) All!
* timing
* protocol and logistics
* staffing
* information sharing
* mediator selection
Michael W. Puerner
Hastings Mutual Insurance Company; Hastings
Judith K. Simonson
Hastings Mutual Insurance Company; Hastings
Michael M. Ellis
Michigan Municipal Risk Management Authority; Livonia
1:45 PM - 2:45 PM
Arbitration Track: Customizing Private Arbitration (Part One)
* customizing the process
* maintaining control
* holding down costs
* setting rules
* expedited hearings
* protecting the award
* third-party subpoenas
* non-cooperating attorneys
* sanctions
Gene J. Esshaki
Abbott Nicholson Quilter Esshaki & Youngblood PC; Detroit
Carl H. von Ende
Miller Canfield Paddock and Stone PLC; Detroit
1:45 PM - 2:45 PM
Domestic Relations Track: Collaborative Process: Navigating Your Way Through Conflicting Pressures
* staying on track and moving without a judge in charge
* being an advocate in a collaborative case
Deborah L. Berecz
Deborah L Berecz PLC; St Joseph
2:50 PM - 3:45 PM
Negotiation Track: The Science of Settlement: 10 Ideas for Negotiators
Barry Goldman
Bloomfield Hills
2:50 PM - 3:45 PM
Mediation Track: Caucus Strategies for Mediators and Advocates in General Civil Disputes: "Now That We're Alone"
* do you have one?
* options
* how flexible are you in your negotiating plan?
* why you will and won't permit clients to take a role in negotiations
* mediator objectives
Tracy L. Allen
Bodman LLP; Detroit
I. W. Winsten
Honigman Miller Schwartz and Cohn LLP; Detroit
2:50 PM - 3:45 PM
Arbitration Track: Customizing Private Arbitration (Part Two)
Gene J. Esshaki
Abbott Nicholson Quilter Esshaki & Youngblood PC; Detroit
Carl H. von Ende
Miller Canfield Paddock and Stone PLC; Detroit
2:50 PM - 3:45 PM
Domestic Relations Track: Implications of Domestic Violence in Your Mediation Practice
* MSU survey results
* DV protocol
* facing the issue
* working with PPOs
* practice tips
Anne Smiley, MA
Mediation Management Services; Lansing
Monika U. Holzer Sacks
Nichols Sacks Slank Sendelbach & Buiteweg PC; Ann Arbor
4:00 PM - 4:45 PM
Negotiation Track: The Role of Extreme Honesty in Settling Claims: The University of Michigan Medical Center Experience
* establishing personal and institutional credibility
* understanding the status quo (negotiation by exploitation of litigation system weaknesses)
* creating a new status quo by shifting the quality of the discussions
* avoiding litigation without sacrificing principles
* using mediation techniques to fast forward in avoidance of the courtroom
Richard C. Boothman
Chief Risk Officer
University of Michigan Health System; Ann Arbor
4:00 PM - 4:45 PM
Mediation Track: AnotherChapter in the Moosewood Saga: When It's "Only" About the Money!Comparative Techniques and Styles in Mediation (Part One)
Zena D. Zumeta
Mediation Training & Consultation Institute; Ann Arbor
Jon R. Muth
Miller Johnson; Grand Rapids
Susan J. Butterwick, JD
Ann Arbor,
4:00 PM - 4:45 PM
Marketing Track: Artful Leadership in Changing Times - Expanding Practice, Engaging Others
* dispute resolvers as leaders
* approaches to leadership
* ways of leveraging and framing leadership
L. Michelle LeBaron
Professor of Law, Director, UBC Program on Dispute Resolution
University of British Columbia; Vancouver, BC
4:00 PM - 4:45 PM
Domestic Relations Track: Mediating Money at the Table
* relationship to parenting time
* relationship to the marital home
* strategies - where to start
* practice tips
Susan E. Paletz
Susan E Paletz & Associates PC; Bingham Farms
4:50 PM - 5:30 PM
Negotiation Track: Negotiation Ethics - How Much Can You Lie and Still Retain Your Self-Respect?
Stuart M. Israel
Martens Ice Klass Legghio & Israel PC; Royal Oak
4:50 PM - 5:30 PM
Mediation Track: AnotherChapter in the Moosewood Saga: When It's "Only" About the Money!Comparative Techniques and Styles in Mediation (Part Two)
Zena D. Zumeta
Mediation Training & Consultation Institute; Ann Arbor
Jon R. Muth
Miller Johnson; Grand Rapids
Susan J. Butterwick, JD
Ann Arbor,
4:50 PM - 5:30 PM
Marketing Track: EducatingLawyers and Clients About the Mediation Process - What Every Litigantand Advocate Needs to Know About YOUR Process
* who are you as a mediator?
* how do you distinguish your process?
* what can you say to make a difference (and not bore yourself)?
* tips and practice pointers
* what can we learn from each other?
Robert E. Lee Wright
Miller Canfield Paddock and Stone PLC; Grand Rapids
4:50 PM - 5:30 PM
Domestic Relations Track: The Nuts and Bolts of Agreement Drafting
Thomas B. Darnton
Darnton Rutzky Dodge & Woloshin; Ann Arbor
Barbara L. Kessler
Kessler Mullkoff & Hooberman; Ann Arbor
5:30 PM - 7:00 PM
Reception - Sponsored by the ADR Section of the State Bar of Michigan
Cosponsored by: The Alternative DisputeResolution Section of the State Bar of Michigan and the State CourtAdministrative Office, Office of Dispute Resolution
Don't miss the biggest andmost diverse "Must Attend" ADR education, networking, andskill-building event of the year. This award-winning program bringstogether mediators and ADR providers as well as judges and litigatorsfor skill-building, sharing new techniques, exchanging information,networking, and changing the climate in Michigan for ADR.
Thisyear, we're joined by an internationally renowned mediator, mediationtrainer, university professor, and best-selling author MichelleLeBaron, University of British Columbia, Vancouver. Respected,sought-after, and highly regarded by her peers, Professor LeBaron willbe presenting throughout the day. With four tracks, ANDRI offersexciting programs for every segment of the ADR community. OurNegotiation Track offers programming to improve your settlementresults; our Mediation Track offers programming to enhance your skillsand add new techniques to your toolbox; the Arbitration Track will helpyou become a well rounded ADR service provider; and our DomesticRelations Track will provide information, skill-building and trainingfor anyone wanting to focus on the family law side of their work. Mixand match tracks or stay in one all day. You choose. Tailor ANDRI tosuit your individual needs and interests.
Don't miss the returnof the Moosewood case! Compare the caucus techniques and approach ofJon Muth with the plenary techniques and approach of Zena Zumeta. Watchthem each separately mediate the Moosewood dispute but this time the"only" issue is money! If you enjoyed this segment last year, you'lllove it this year!
Speakers
Richard L. Braun, II
Barbara A. Johannessen
Anne Smiley, MA
Carl H. von Ende
8:30 AM - 8:45 AM
Welcome, Introduction of Moderators, and Update of ADR Section Activities
Richard L. Braun, II
Grosse Pointe Park
8:45 AM - 9:05 AM
Court Filing Trends and ADR Update
Douglas A. Van Epps
Director
Office of Dispute Resolution, State Court Administrative Office; Lansing
9:05 AM - 9:55 AM
KEYNOTE PRESENTATION: Intuition Pearls & Perils - Is Intuition a Resource for Resolving Conflict?
* exploring working definitions of intuition
* ways of experiencing intuition
* a decision-making process for discernment
* advantages and traps of intuition for dispute resolvers
L. Michelle LeBaron
Professor of Law, Director, UBC Program on Dispute Resolution
University of British Columbia; Vancouver, BC
10:00 AM - 11:00 AM
Negotiation Track: Negotiating with Your Own Client
* dealing with client expectations
* evaluating the matter
* establishing a range with the client
* tips
* perils
Kathleen L. Bogas
Eisenberg & Bogas PC; Bloomfield Hills
10:00 AM - 11:00 AM
Mediation Track: Intuition Workshop for General Civil Mediators
* personal and cultural differences
* intuition and conflict: reconciling differences
* intuition and creative problem solving
L. Michelle LeBaron
Professor of Law, Director, UBC Program on Dispute Resolution
University of British Columbia; Vancouver, BC
10:00 AM - 11:00 AM
Arbitration Track: State of the Law in ADR
Mary A. Bedikian
MSU College of Law; East Lansing
10:00 AM - 11:00 AM
Domestic Relations Track: Caucus Strategies for Mediators and Advocates in Domestic Relations Disputes: "Now That We're Alone"
Zena D. Zumeta
Mediation Training & Consultation Institute; Ann Arbor
Barbara L. Watry
Barbara L Watry Attorney at Law; Dearborn
11:15 AM - 12:15 PM
Negotiation Track: Reaching Agreement - A Hands-On Roleplay Exercise
Christopher J. Webb, JD
Law & ADR Offices of Christopher J. Webb JD PLC; Farmington Hills
11:15 AM - 12:15 PM
Mediation Track: Archetypal Lawyer Roles in Mediation - When the Attorney Becomes the Problem
* the inattentive lawyer
* the lawyer without authority
* the lawyer who refuses to advise
* the positional bargainer
* the lawyer who says "it will never settle"
W. Peter Doren
Sondee Racine & Doren PLC; Traverse City
11:15 AM - 12:15 PM
Arbitration Track: Med/Arb - A Cautionary Tale: It Ain't As Easy (or Ethical) As It Looks!
* when it arises
* ethical considerations
* practical problems
* consequences
* examples
* arb/med
James J. Vlasic
Bodman LLP; Troy
Charles W. Borgsdorf
Hooper Hathaway PC; Ann Arbor
11:15 AM - 12:15 PM
Domestic Relations Track: Intuition Workshop for Domestic Relations Mediators
* personal and cultural differences
* intuition and conflict: reconciling differences
* intuition and creative problem solving
L. Michelle LeBaron
Professor of Law, Director, UBC Program on Dispute Resolution
University of British Columbia; Vancouver, BC
12:15 PM - 1:45 PM
Lunch on Premises: Dealing with High Emotions in Mediation - And When They Should Cause Concern!
Sharon R. Hobbs, Ph.D.
Abbott Road Center for the Family; East Lansing
1:45 PM - 2:45 PM
Negotiation Track: Bridging Cultural Conflict - Imagining a Culturally Fluent Future
* defining cultural fluency
* applying cultural fluency
* working effectively across differences
* what to do when differences are not visible
L. Michelle LeBaron
Professor of Law, Director, UBC Program on Dispute Resolution
University of British Columbia; Vancouver, BC
1:45 PM - 2:45 PM
Mediation Track: What We're Doing at the Table: Insurance Industry Tells (Almost) All!
* timing
* protocol and logistics
* staffing
* information sharing
* mediator selection
Michael W. Puerner
Hastings Mutual Insurance Company; Hastings
Judith K. Simonson
Hastings Mutual Insurance Company; Hastings
Michael M. Ellis
Michigan Municipal Risk Management Authority; Livonia
1:45 PM - 2:45 PM
Arbitration Track: Customizing Private Arbitration (Part One)
* customizing the process
* maintaining control
* holding down costs
* setting rules
* expedited hearings
* protecting the award
* third-party subpoenas
* non-cooperating attorneys
* sanctions
Gene J. Esshaki
Abbott Nicholson Quilter Esshaki & Youngblood PC; Detroit
Carl H. von Ende
Miller Canfield Paddock and Stone PLC; Detroit
1:45 PM - 2:45 PM
Domestic Relations Track: Collaborative Process: Navigating Your Way Through Conflicting Pressures
* staying on track and moving without a judge in charge
* being an advocate in a collaborative case
Deborah L. Berecz
Deborah L Berecz PLC; St Joseph
2:50 PM - 3:45 PM
Negotiation Track: The Science of Settlement: 10 Ideas for Negotiators
Barry Goldman
Bloomfield Hills
2:50 PM - 3:45 PM
Mediation Track: Caucus Strategies for Mediators and Advocates in General Civil Disputes: "Now That We're Alone"
* do you have one?
* options
* how flexible are you in your negotiating plan?
* why you will and won't permit clients to take a role in negotiations
* mediator objectives
Tracy L. Allen
Bodman LLP; Detroit
I. W. Winsten
Honigman Miller Schwartz and Cohn LLP; Detroit
2:50 PM - 3:45 PM
Arbitration Track: Customizing Private Arbitration (Part Two)
Gene J. Esshaki
Abbott Nicholson Quilter Esshaki & Youngblood PC; Detroit
Carl H. von Ende
Miller Canfield Paddock and Stone PLC; Detroit
2:50 PM - 3:45 PM
Domestic Relations Track: Implications of Domestic Violence in Your Mediation Practice
* MSU survey results
* DV protocol
* facing the issue
* working with PPOs
* practice tips
Anne Smiley, MA
Mediation Management Services; Lansing
Monika U. Holzer Sacks
Nichols Sacks Slank Sendelbach & Buiteweg PC; Ann Arbor
4:00 PM - 4:45 PM
Negotiation Track: The Role of Extreme Honesty in Settling Claims: The University of Michigan Medical Center Experience
* establishing personal and institutional credibility
* understanding the status quo (negotiation by exploitation of litigation system weaknesses)
* creating a new status quo by shifting the quality of the discussions
* avoiding litigation without sacrificing principles
* using mediation techniques to fast forward in avoidance of the courtroom
Richard C. Boothman
Chief Risk Officer
University of Michigan Health System; Ann Arbor
4:00 PM - 4:45 PM
Mediation Track: AnotherChapter in the Moosewood Saga: When It's "Only" About the Money!Comparative Techniques and Styles in Mediation (Part One)
Zena D. Zumeta
Mediation Training & Consultation Institute; Ann Arbor
Jon R. Muth
Miller Johnson; Grand Rapids
Susan J. Butterwick, JD
Ann Arbor,
4:00 PM - 4:45 PM
Marketing Track: Artful Leadership in Changing Times - Expanding Practice, Engaging Others
* dispute resolvers as leaders
* approaches to leadership
* ways of leveraging and framing leadership
L. Michelle LeBaron
Professor of Law, Director, UBC Program on Dispute Resolution
University of British Columbia; Vancouver, BC
4:00 PM - 4:45 PM
Domestic Relations Track: Mediating Money at the Table
* relationship to parenting time
* relationship to the marital home
* strategies - where to start
* practice tips
Susan E. Paletz
Susan E Paletz & Associates PC; Bingham Farms
4:50 PM - 5:30 PM
Negotiation Track: Negotiation Ethics - How Much Can You Lie and Still Retain Your Self-Respect?
Stuart M. Israel
Martens Ice Klass Legghio & Israel PC; Royal Oak
4:50 PM - 5:30 PM
Mediation Track: AnotherChapter in the Moosewood Saga: When It's "Only" About the Money!Comparative Techniques and Styles in Mediation (Part Two)
Zena D. Zumeta
Mediation Training & Consultation Institute; Ann Arbor
Jon R. Muth
Miller Johnson; Grand Rapids
Susan J. Butterwick, JD
Ann Arbor,
4:50 PM - 5:30 PM
Marketing Track: EducatingLawyers and Clients About the Mediation Process - What Every Litigantand Advocate Needs to Know About YOUR Process
* who are you as a mediator?
* how do you distinguish your process?
* what can you say to make a difference (and not bore yourself)?
* tips and practice pointers
* what can we learn from each other?
Robert E. Lee Wright
Miller Canfield Paddock and Stone PLC; Grand Rapids
4:50 PM - 5:30 PM
Domestic Relations Track: The Nuts and Bolts of Agreement Drafting
Thomas B. Darnton
Darnton Rutzky Dodge & Woloshin; Ann Arbor
Barbara L. Kessler
Kessler Mullkoff & Hooberman; Ann Arbor
5:30 PM - 7:00 PM
Reception - Sponsored by the ADR Section of the State Bar of Michigan