Author Archives: abfifer

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 […]

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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 […]

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Good advice on how to say sorry

December 30, 2021 – 2:35 pm

I often blog about public apologies–the Washington Post’s list of top ten celebrity apologies for 2021 is a treasure trove–, but what we really all need help with are private apologies, the ones we need to make to friends and colleagues as we go through life. A podcast on NPR, “Life Kit: How to say […]

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Should Christian Organizations Use NDAs?

December 11, 2021 – 4:18 pm

In my post dated November 27, 2021, I addressed some of the problems with Non-Disclosure Agreements (NDAs). In this post, I want to examine their role in the church. Many Christian organizations – churches, ministries, parachurch organizations – have resolved disputes with claimants by requiring them to sign an NDA. The same concerns about NDAs […]

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Case Evaluation is Changing

December 4, 2021 – 9:53 am

The Michigan Supreme Court has adopted changes to the case evaluation process, over strong dissent. Case evaluation is a settlement technique, perhaps unique to Michigan, where attorneys present summaries of their case to a panel of three disinterested attorneys who come up with a number (“award”) representing the panel’s determination of the case’s worth. That […]

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