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State Bar ADR Section Seeks Alignment of Court Rule with Michigan Uniform Arbitration Act
Summary
Larry Sailor of the State Bar of Michigan's ADR Section told the court that proposed amendments to MCR 3.602 would resolve a timing conflict with the Michigan Uniform Arbitration Act by deferring to the statute's 90-day deadline in most cases.
Larry Sailor, representing the State Bar of Michigan's Alternative Dispute Resolution Section, told the Michigan Supreme Court that the proposed amendment to MCR 3.602 would correct conflicts between the court rule and the Michigan Uniform Arbitration Act.
Sailor said the Michigan Uniform Arbitration Act, effective July 1, 2013, provides a 90-day deadline to file petitions to vacate, modify, or correct an arbitration award for arbitrations not governed by the domestic relations arbitration act. He explained that the court rule contained shorter deadlines—"as short as 21 days" in some circumstances—and the proposed amendment would make the rule yield to the statute when the statute applies.
"This has no impact on [domestic relations] arbitrations," Sailor said, calling the amendment a technical but valuable correction. The proposal came before the court as ADM file 2023-12. No questions were raised at the hearing and the court made no on-the-record decision at that time.
