ICRI: State of the States: Michigan

The State of the States in Environmental Dispute Resolution:
MICHIGAN

Current Projects:	United States Postal Service	Employment Arbitration	Indiana Dept of Env. Management	Indiana ADR Providers	Shared Neutrals Pilot	U.S. Dept. of Justice
Completed Projects:	U.S. Env. Protection Agency	EDR State of States	Occupational Safety & Health Review Commission	National Institutes of Health	Focus Groups Sessions

Status:
The Michigan Department of Environmental Quality (MDEQ) started an EDR pilot project in 1995. EDR is now offered to the parties as an option in addition to informal settlement discussions between the parties or having the case set for hearing at the earliest possible date.

Legal Authority:
MICH. COMP. LAWS ANN. 壯 600.5001–.5035 (West 1987) (codifying the Michigan Uniform Arbitration Act, which authorizes the use of arbitration agreements and establishes law governing the validity of and procedure used in arbitrations).

Contact Information:
     Dennis Mack
     Office of Administrative Hearings
     Michigan Department of Environmental Quality
     P.O. Box 30473
     Lansing, MI 48909-7973
     Phone: (517) 335-4226
     Fax: (517) 335-5420

Program Summary

Department of Environmental Quality:
Land-use regulation and licensing of air, waste, surface water, and groundwater discharges were assumed by the MDEQ upon its creation when the responsibilities of the Department of Natural Resources were reorganized in October 1995. In order to eliminate a substantial backlog of contested cases, the MDEQ implemented an EDR pilot program. The MDEQ eliminated the backlog of cases in 1996. Now the MDEQ uses EDR to assist in the reduction of the cycle time of contested cases and to identify cases where a formal hearing is unnecessary.

Lessons Learned

Allow each side to engage in meaningful dialogue on the contested issues and explore areas of potential resolution not previously considered.

Narrow and focus the issues of the case so that if resolution is not possible, the subsequent formal hearing is conducted in the most efficient and economical manner possible.

The size of Michigan hinders the abilities of some parties to come to Lansing for EDR. To remedy this situation, EDR has been conducted in other areas closer to the parties’ residences.

Further Information

Publications

Nancy Milsten, Dispute Resolution for Environmental Conflicts, ECOSTATES, May/June 1998, at 9.

Indiana Conflict Resolution Institute
Last updated: June 1999
Comments: ICRI Administrator
Copyright 1999 - Indiana University, Bloomington