Author Archives: abfifer

Apologies in Medical Cases

A recent article on CNN highlights the difference it makes to a medical patient when the offending physician/institution apologizes versus when it refuses to acknowledge its error. In the case where a woman’s son died due to hospital error, the hospital immediately apologized, explained to her how it had occurred, provided some financial compensation, and […]

Preserving Religious Parties’ Right to Sue

Should the statute of limitations be tolled while a denomination follows internal dispute resolution procedures? Expressed another way: Does it violate religious freedom when disputing parties of faith following their mandatory internal process must also file their case in court or lose their chance to pursue a remedy in the civil courts? There have been many disputes […]

Columbine Apology

The mother of one of the Columbine shooters told the families of her son’s victims last night on TV, “I’m sorry.” Sue Klebold, mother of Dylan Klebold, broke her years-long silence in an interview with Diane Sawyer in anticipation of release of her book, A Mother’s Reckoning: Living in the Aftermath of the Columbine Tragedy. […]

How Active Should a Mediator Be in Pushing for Resolution?

The panel of mediation experts who addressed this question in an ADR Section-sponsored phone conference today concluded, “It depends.” The more parties trust the mediator, the more the mediator can push without appearing “pushy.” From a legal perspective, mediators can be as pushy, or coercive, as they want to be, without repercussion. Prof. James Coben of […]

A Better Apology from Gov Snyder

Governor Snyder apologized (again) for the Flint water crisis this week. This time, I think it truly was an apology. In his State of the State message Tuesday, as well as in interviews, he has taken responsibility for the disaster. He began his annual State of the State address Tuesday by addressing the residents of […]