Author Archives: abfifer

Electronic Correspondence

With apologies to the U.S. Postal Service, I just took another step towards electronic-only correspondence: for the first time, I sent out information to mediation parties solely via email. Until now*, I have always followed up the email and attachments with a printed paper version sent via U.S. mail. This time, with the attorneys’ consent, I […]

Too Many Standards of Conduct?

Too Many Standards of Conduct? History of Michigan’s Standards of Conduct for Mediators The State Court Administrative office convened a committee a couple years ago to review Michigan’s Standards of Conduct for Mediators and recommend any needed changes. Michigan’s Standards were adopted in 2001, based on the Model Standards of Conduct for Mediators of general […]

“Dispute” or “Conflict”?

I have always used the words “conflict” and “dispute” inter-changeably. The dictionary definitions seem to show, as law school professors would say, a distinction without a difference. So I am grateful to Brian Muldoon of HeartWorks Mediation Center, keynote speaker at this year’s ANDRI, for offering a way to distinguish them: He says a “dispute” […]

Paying the Mediator

One of the conundrums for us alternative dispute resolution folk is what to do when a party does not pay us for services performed. We tout the disadvantages of suing, but what other recourse do we have when a party breaches its contract to pay the mediator? It would be appropriate for us to mediate […]

W(h)ither Case Evaluation?

The dispute resolution process now known as “case evaluation” has been used by Michigan courts for forty years to settle litigated cases, but it is now on the far side of the bell curve in terms of its effectiveness. The basic concept seems sound: have a team of three outside attorneys review the case and […]