Category Archives: Mediation

Risks of Mediator Proposals

July 13, 2020 – 11:45 am

As a facilitative mediator, I’ve never been a fan of mediator proposals. This article by a judge-turned-mediator, The Danger of Mediator Proposals, does a great job explaining why. In addition, I would note that, while mediator proposals can help parties settle on a dollar figure, parties who focus on money alone will miss the non-monetary […]

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Mediation Training Online

June 24, 2020 – 1:42 pm

Can a mediation training course fully online equip a participant to mediate effectively? That’s the question I set out to assess this spring, at the behest of Michigan’s State Court Administrative Office, which oversees mediation training for both courts and community mediation programs in Michigan.  The basic training for general civil mediation is a 40-hour […]

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Mediating Probate Cases: Make Sure Everyone Is Notified

April 30, 2020 – 9:19 am

The Court of Appeals has invalidated a portion of a mediated settlement agreement as to a party who was not present at the mediation due to lack of notice. In this probate case, In re Meddie Allen Brown (unpublished per curiam opinion of the Court of Appeals, issued April 9, 2020, Docket No. 342485), the […]

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Conflict With Your Ex Over Parenting? There’s an App for That

March 25, 2020 – 2:09 pm

The “stay home” orders around the world are forcing us to minimize personal meetings and maximize technology. One example: mediators and family judges often met with divorced or separated parents to help them resolve issues regarding their children, like child support, parenting time, and education. Those in-person meetings are no longer available, at a time […]

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Safety Screening May Have Helped

January 31, 2020 – 12:37 pm

The Michigan Court of Appeals just reviewed yet another divorce mediation where the wife claimed that she was “coerced” by her attorney and by the mediator to agree. The Court, in a 2-1 decision, affirmed the divorce agreement in Pohlman v Pohlman, unpublished opinion of the Court of Appeals, issued January 30, 2020 (Docket No. […]

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