Author Archives: abfifer

Mediator Standards of Conduct Could Have Helped Here

September 2, 2021 – 9:04 am

Where should lawyers seek guidance in determining potential conflicts of interest regarding mediation? Michigan’s Standards of Conduct for Mediators are an overlooked resource here. A recent case bears this out (Great Lakes Home Health Services Inc v Carolyn Ewing, lv gntd Michigan Court of Appeals Case No. 357907). Mr. Mediator, an attorney with the M […]

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Minimizing Mediator’s Own Liability

August 25, 2021 – 10:37 am

Should mediators include in their retention agreements a waiver of liability? This would be a clause along the lines of, “The mediator cannot be held liable for any act or omission in connection with this mediation.” A thoughtful article by Bill Quatnam just posted on Mediate. com suggests mediators should think carefully about this. The […]

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Sha’Carri Richardson Apology on Live TV

July 7, 2021 – 4:14 pm

The apology from athlete Sha’Carri Richardson on the Today show last week offers a glimpse into how hard it is to give a good live unscripted public apology. Richardson was banned from competing in this year’s Olympics in her signature event, the 100-meter dash, because she used marijuana before the qualifying event in Oregon last […]

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Court Admits Mistake

May 27, 2021 – 10:15 am

It takes courage to admit one’s error. It takes even more encourage to do so publicly. But a panel of our Michigan Court of Appeals has done that in a well-written opinion issued this week. Judges Gadola, Gleicher and Stephens are to be commended for their honesty, and their example. The case, Barnowski v Cleary […]

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Christian Conciliation Clause Upheld by Federal Court

April 30, 2021 – 11:33 am

Here’s another case where a court enforced the contract clause requiring parties to resolve their disputes in a Christian process rather than in the courts: Pettey v Share, US District Ct, SD-Miss, 10-01-2019. Mr. Jernigan signed up for Medi-Share, a Christian organization in which members share medical costs, in 2014. Mr. Jernigan evidently later suffered […]

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