Category Archives: Mediation

Mediating the Presence of a Bible

October 20, 2021 – 10:23 am

Should a Bible be included in a display honoring missing veterans near the entrance of a veterans’ hospital? A veterans hospital in Manchester, New Hampshire, thought so, but two U.S. Air Force veterans objected. Somehow the dispute ended up in federal court, but now the parties have agreed to mediation. Too bad they didn’t try […]

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Update to 9/2/21 Post

September 23, 2021 – 4:45 pm

An update to my post of 2 September 2021, “Mediator Standards of Conduct Could Have Helped Here”: the mediator’s law firm has decided to withdraw from representing the one party in that case, thus removing the appearance of a conflict of interest. This means an appellate court decision on mediator conflicts of interest will have […]

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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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Are Mediator Statements Confidential Too?

March 12, 2021 – 4:23 pm

Confidentiality in mediation typically refers to communications made by the parties and their attorneys. What about statements made by the mediator? Are those confidential? And if so, what should a mediator do when a party publicizes a statement allegedly made by the mediator in mediation, especially if it’s inaccurate? This happened to a mediator colleague […]

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