Monthly Archives: January 2012

Article on New Confidentiality Court Rule

January 13, 2012 – 2:36 pm

An article that I wrote for the State Bar ADR Section’s newsletter on the new court rule on confidentiality in mediation has now been published in its January 2012 edition. The court rule went into effect last September, and we are still trying to figure out how to integrate it into our mediation practice–specifically, how […]

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Apologies in the Practice of Law

January 9, 2012 – 10:39 am

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 […]

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HOW many cases settle?

January 4, 2012 – 2:30 pm

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 […]

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