Category Archives: Uncategorized

Apologies in the Practice of Law

The ABA Journal recently posted a very good article on apology that encompasses all aspects of legal practice: The Last Word: When the Last Thing You Want to do is the First Thing You Ought to do. Many articles have been written about apology as a component of mediated settlements, and I’ve given workshops on […]

HOW many cases settle?

We ADR junkies have become fond of quoting a statistic that “98% of all cases settle.” Trouble is, it isn’t true. I’ve said it in trainings, so I’m responsible for perpetuating this lie. We wandered into this innocently enough. For some years now, courts, including Michigan’s State Court Administrative Office, have released statistics indicating that […]

Michigan Supreme Court Improves Mediation

…at least, we think that the Court Rule amendments adopted last week will improve the mediation process, at least marginally. The State Court Administrative Office convened a committee back in 2007 to review the ADR Court rules and recommend possible amendments. I had the privilege of serving on that committee, along with other mediators, attorneys, […]

Michigan’s Proposed Standards of Conduct for Mediators

New Standards of Conduct for Mediators were proposed by Michigan’s State Court Administrative Office last week. They can be viewed at by clicking on the title above, or by going to this web-site:  http://courts.michigan.gov/scao/features/mailings/2011/11-10-11/MediatorStandardsOfConduct.pdf.  The public comment period runs through the end of February 2012. I hope many people comment on them, because they break […]

What is the place of religion in conflict resolution?

     An article in the Summer 2011 issue of Conflict Resolution Quarterly investigates the long-held tenet that mediators should not bring religion into the conflict resolution process, and concludes that it’s time to change our stance on this topic. In “God in the Process: Is There a Place for Religion in Conflict Resolution?”, authors Rachel […]