Author Archives: abfifer

Legislation Could Affect Christian Arbitration

February 11, 2022 – 2:46 pm

It’s not uncommon for a contract to contain a “dispute resolution clause,” describing the process the parties will use if they have a dispute down the road regarding some aspect of their contract. Because Christians are not supposed to take their disputes to court (I Corinthians 6:1-7), many contracts between Christians – including churches, ministries, […]

Posted in Arbitration | Comments Off on Legislation Could Affect Christian Arbitration

Enforceability of NDAs

February 9, 2022 – 1:27 pm

Following up on my post on November 27, 2021, regarding mediating Non Disclosure Agreements (NDAs), two scholars have just written an article for mediate.com on the legal enforceability of NDAs. They cite only a few cases, but conclude that courts are signaling “a willingness to rein in the most egregious abuses” of NDAs where they […]

Posted in Mediation | Comments Off on Enforceability of NDAs

Universal Disclosure Protocol for Mediation

February 2, 2022 – 5:39 pm

Michigan mediators have been wrestling with what they must disclose to potential mediation parties, especially since the Hartman case. That was the divorce case where the mediator did not disclose to the husband or his attorney that she was good friends with the wife’s attorney—such good friends that she flew to Florida to spend a […]

Posted in Mediation | Comments Off on Universal Disclosure Protocol for Mediation

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 […]

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 […]

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