Category Archives: Learnings from Mediation

Trying to Add a Provision that Wasn’t in the Mediated Agreement

The parties to a divorce, both represented by attorneys, reached an agreement in mediation and placed it orally on the record, stating that it was “final and binding.” While subsequently drafting the judgment of divorce, Husband’s attorney requested a clause that the parties had agreed to during the mediation. Wife’s attorney initially consented, then refused. […]

MSU Mediation Ends

Mediation of federal lawsuits between MSU and women who were victims of Larry Nassar is complete. The parties agreed back in August to three months of mediation. One of the plaintiff attorneys, Mick Grewal, stated then that they hoped to receive sexual abuse counseling for the victims, as well as changes in policies and procedures at […]

Safety in Mediation

A colleague recently did a business mediation here in Michigan where he discovered after the fact that both parties were carrying concealed weapons. As this becomes more commonplace in the U.S., it behooves us as mediators to do what we can to ensure party safety in mediation. One way to ensure that no one brings […]

How Active Should a Mediator Be in Pushing for Resolution?

The panel of mediation experts who addressed this question in an ADR Section-sponsored phone conference today concluded, “It depends.” The more parties trust the mediator, the more the mediator can push without appearing “pushy.” From a legal perspective, mediators can be as pushy, or coercive, as they want to be, without repercussion. Prof. James Coben of […]


I don’t usually write about my mediations, in order to protect their confidentiality. But this one is too rich not to share. (Some identifying details have been changed.) A business dispute resulted in a small claims action that went to mediation through our local Dispute Resolution Center of West Michigan. After each side told their […]


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