PHOTOS BY DANIEL LIPPITT
any attorneys are frustrated, dis-
illusioned and burned out. In fact,
two years ago, the American Bar
Association estimated that near-
ly 60 percent of its members would
choose another profession if they
could turn back the hands of time.
Furthermore, many non-attorneys
probably wish that those lawyers
could be granted their wish.
Lawyers might be detested by
many, but they're also needed
more than ever as litigation has
exploded in the last decade. So,
isn't it a good time to be in the le-
gal profession? That depends on
whether lawyers are seen as part
of the problem or the solution to
resolving disputes.
Changing negative perceptions
might sound like smart public re-
lations for lawyers to rehabilitate
their image. But there is more sub-
stance than style at stake. Indeed,
many attorneys are seeking ways
to bring the legal profession more
in line with the traditional role of
prudent counselor rather than
"combat advocate."
The emergence of Alternative
Dispute Resolution (ADR) repre-
sents the strongest indication in
years that the legal profession is
serious about reforming itself. If
adopted throughout the legal pro-
fession, the widespread effect of
ADR could be that kinder, gentler
mediation would restore civility
and honor to a process built on ag-
gressive, adversarial confronta-
tion.
So far, the results of ADR have
placed decision making in the
hands of disputing parties, rather
than in the courtroom, according
to Nand S. Klein, district court ad-
ministrator for the Oakland Me-
diation Center (formerly the
Settlement Center), established
by the state's 1988 Dispute Reso-
lution Act.
Last year, the Oakland Medi-
ation Center took in 675 referrals
from the 46th District Court, so-
cial service agencies, law enforce-
ment officials and attorneys.
The mediation center offers an
alternative to filing small-claim
lawsuits, although Ms. Klein not-
ed that some mediated disputes
have far exceeded the $1,750
small-claims court maximum. The
resolutions are not court enforced,
but Ms. Klein said the 85 percent
compliance rate is higher than in
court judgments.
Bringing together the disputing
parties in front of two co-
mediators, the center stresses corn-
Settling disputes outside of court is a trend that bodes well for
attorneys, judges, and most of all, a society burdened by the
cost and frustration of court battles.
FRANK PROVENZANO
SPECIAL TO THE JEWISH NEWS
Barbara Johannessen and Nanci Klein of
Mediation Specialists Inc.
mon interest rather than deciding
which side has the best legal ar-
gument. Types of disputes include
landlord-tenant, neighborhood
property issues and contractual
obligations.
"There might be some intransi-
gence when the parties come in,
but we get them to focus on the
fact that they live in the same com-
munity or may want to preserve
their long-term relationship," said
Ms. Klein, an attorney who has
practiced divorce law for the last
12 years.
The center serves to clarify is-
sues and encourage compromise.
"Communication is the essence in
reaching a resolution," she said.
Drawing on volunteer media-
tors from all professions, the Oak-
land Mediation Center is one of
the 27 sites statewide. The
program has been lauded for
offering one of the most compre-
hensive mediator-training cur-
riculums in the country, said Doug
Van Epps, director of Michigan's
Community Dispute Resolution
Center. Only two other states —
New York and North Carolina —
have a similar statewide coordi-
nated program.
Tentative results from an 18-
month study of the program, ac-
cording to Mr. Van Epps, indicate
that mediation centers are viewed
widely as "getting beyond bureau-
cratic red tape and dealing with
real problems." Many problems ex-
tend beyond legal rights and
issues. "Sometimes, it comes down
to one party wanting an apology
from the other," he said.
Approximately $2 from each civ-
il filing fee for both the district and
circuit courts is earmarked for the
administration of the state's com-
munity dispute program. Funds
are apportioned based on the num-
ber of filings per county. Oakland
and Wayne counties receive the
majority of the funds since these
two counties account for nearly 90
percent of all lawsuit claims.
On a county-wide level, ADR is
being used to cultivate a cooper-
ative spirit for business. The Oak-
land County Bar Association,
Oakland County Chamber of
Commerce and the County Exec-
utive's office have taken a pledge
to use ADR whenever possible.
"We're working to change the
framework for people looking to
resolve their (commercial) dis-
putes," said Steven L. Schwartz,
chair of the Michigan Bar's ADR
committee.
With the steady increase in im-
port/export commerce in the coun-
ty, according to Mr. Schwartz, it
isn't practical to seek a court rem-
edy for conflicts arising from
international trade. Further, he
contended, Oakland County has
attained its standing as one of the
most affluent areas in the country
because it has cultivated a busi-
ness-friendly environment.
"Litigation usually destroys re-
lationships," said Mr. Schwartz, a
principal in Wright, Goldstein &
Schwartz in Birmingham. "The
partnership among attorneys,
business and government is in-
tended to enhance the business
climate and to realize that there
are other ways to resolve a dis-
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