Author Archives: abfifer

Risks of Mediator Proposals

As a facilitative mediator, I’ve never been a fan of mediator proposals. This article by a judge-turned-mediator, The Danger of Mediator Proposals, does a great job explaining why. In addition, I would note that, while mediator proposals can help parties settle on a dollar figure, parties who focus on money alone will miss the non-monetary […]

“Begin Mediation With an Apology”

“Begin mediation with an apology.” This is common advice in Christian mediation, but it’s surprising to hear it from a lawyer who does employment and commercial mediation. Eric Meyer is both a mediator and an advocate in mediations, and he wrote an article on eleven practical tips, especially for attorneys who represent parties in mediation, […]

Mediation Training Online

Can a mediation training course fully online equip a participant to mediate effectively? That’s the question I set out to assess this spring, at the behest of Michigan’s State Court Administrative Office, which oversees mediation training for both courts and community mediation programs in Michigan.  The basic training for general civil mediation is a 40-hour […]

Apology for a Face Mask

The coronavirus pandemic has spawned a new category for apologies: the messages conveyed by face masks. Michigan Senator Dale Zorn has issued an apology for wearing a face mask with a pattern that resembled the Confederate flag during a Senate vote in the state Capitol in Lansing last month. Senator Zorn is a Republican who […]

Mediating Probate Cases: Make Sure Everyone Is Notified

The Court of Appeals has invalidated a portion of a mediated settlement agreement as to a party who was not present at the mediation due to lack of notice. In this probate case, In re Meddie Allen Brown (unpublished per curiam opinion of the Court of Appeals, issued April 9, 2020, Docket No. 342485), the […]

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