Discovery and discovery disputes are two of the most significant drivers in the cost of litigation. Effective January 1, 2020, who and how litigants resolve discovery issues under the court rules is changing in Michigan. With the addition of a new provision – MCR 2.411(H) – the Michigan Supreme Court ordered: “The parties may stipulate to or the court may order the mediation of discovery disputes….”
Michigan's business courts continue to have a significant impact on litigation in our state. With an emphasis on efficiency and expediency, judges now encourage parties to exchange information and negotiate settlement earlier than ever, placing mediation, arbitration, and other useful ADR techniques squarely in the spotlight.
Richard Hurford, along with accomplished and well-recognized litigators and ADR practitioners Douglas Toering and Brian Wasson, recently led a discussion regarding the developments in the business courts, a program that was recorded and now available on demand through the Institute of Continuing Legal Education. For more information and to purchase access to the webinar, please visit the ICLE website.
At the end of 2015, the Oakland County Business Court established a case management protocol applicable to all cases within its jurisdiction. The protocol covers a variety of topics and procedures, including electronic service, status conferences, and discovery and e-discovery. Practitioners in the Oakland County Business Court need to familiarize themselves with these guidelines, which can be found on the court's website.
In a recent article, co-authors Hon. John C. Foster, Richard L. Hurford, and Douglas L. Toering reviewed the statute establishing Michigan's business courts, the rationale behind it, and a comparison of arbitration, as well as offering a protocol for pre-litigation mediation.
Recently, the State Bar of Michigan’s ADR Section presented an information program regarding our state’s new Business Courts. I was honored to serve on the panel, along with Macomb County Circuit Court Chief Judge John C. Foster (the designated Business Judge for Macomb County), and attorney Jerome F. Rock.
