Author Archives: abfifer

MSU Mediation Ends With Agreement

May 17, 2018 – 7:37 pm

The settlement announced yesterday between Michigan State University and 332 assault victims of MSU sports doctor Larry Nassar has to be one of the largest mediated settlements ever: $500 million. The parties whose lawsuits were in federal court attempted mediation last year, reaching a partial agreement. After Nassar was sentenced this past January, all of the parties agreed […]

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Court-Ordered Apologies

May 15, 2018 – 5:11 pm

What is the value of a judge-ordered apology? Last year, we considered a judge’s order that a state official apologize to Flint residents for her role in perpetuating the Flint water crisis. This week, another Michigan judge has ordered a defendant to apologize, but this time the recipients of the apology are court staff – and […]

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Southern Baptist Leader’s Apology Falls Short

May 14, 2018 – 11:37 am

Dr. Paige Patterson, president of Southwestern Baptist Theological Seminary in Fort Worth, Texas, and influential leader in the Southern Baptist Convention, has been in the news lately for his views on biblical commands for wives who are victims of domestic violence, and other comments he has made about women over the last twenty years. Last […]

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Mediated Agreement Fails When Condition Precedent Fails

May 10, 2018 – 12:27 pm

In Hernandez v State Automobile, issued last month by the Michigan Court of Appeals, Plaintiff sued her automobile insurance company to get past and future personal-injury benefits. Following a couple of mediation sessions, the parties reached an agreement via emails with the mediator. It included the proviso that the agreement was contingent on the approval […]

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April 7, 2018 – 1:04 pm

At least two federal courts have upheld the enforceability of a dispute resolution clause in a Christian school contract requiring employees to resolve their differences “through Christian mediation, and if necessary, arbitration” rather than in court. One case, Easterly v. Heritage Christian Schools, Inc., 2009 WL 2750099 (S.D. Indiana Aug. 26, 2009), was decided several years ago; […]

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