Monthly Archives: January 2018

Michigan Court of Appeals Publishes Case on Enforceability of Mediated Agreement

January 30, 2018 – 8:42 pm

The Michigan Court of Appeals has issued just its second published opinion on the enforceability of mediation agreements, and it’s another divorce case, Rettig v Rettig, Case No. 338614 (January 23, 2018). (The previous case was Vittiglio v Vittiglio, 297 Mich App 391; 824 NW2d 591 (2012).)  The narrow issue in Rettig concerns whether a trial […]

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Asking for an Apology

January 24, 2018 – 12:27 pm

Every one of the victim impact statements from the women abused by Larry Nassar is powerful. But one especially grabbed my attention, that of Emily Morales, who spoke yesterday. At one point during her statement at the podium in the courtroom, she turned to face Larry Nassar, and said she believed in forgiveness – “we […]

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Unbelievable

January 20, 2018 – 5:32 pm

Two cases played out in U.S. courtrooms this week that can best be summed up in the word “evil.” One is the sentencing hearing for sports doctor Larry Nassar, where dozens of women are describing the impact of his sexual abuse on their lives. The other is the arraignment of a couple who have been […]

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

January 16, 2018 – 5:53 pm

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. […]

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