Monthly Archives: January 2022

Confidentiality in Mediation: Tyler v Findling

January 22, 2022 – 1:15 pm

The Michigan Supreme Court upheld the confidentiality of mediation in a case decided last year, Tyler v Findling. The facts were somewhat unusual; the statement in question was made by one attorney (Mr. Findling) to another attorney, outside the presence of the mediator or the other mediation participants, and it did not concern the substance […]

By abfifer | Posted in Mediation | Comments Off on Confidentiality in Mediation: Tyler v Findling

Disclose Does Not Mean “Disqualified”

January 13, 2022 – 5:09 pm

Mediators and arbitrators are required to disclose to potential parties any facts that might make them appear impartial. The arbitration statute in Michigan requires potential arbitrators to disclose “any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator…” including a financial or personal interest in the outcome of […]

By abfifer | Posted in Arbitration | Comments Off on Disclose Does Not Mean “Disqualified”