Author Archives: abfifer

Michigan’s New Mediator Standards of Conduct Approved

December 29, 2012 – 2:55 pm

After three years and several iterations, the new Standards of Conduct for Mediators have been approved by Michigan’s State Court Administrator, and will go into effect February 1, 2013. I’ve been involved with this project from the beginning, and it’s been an interesting ride. I blogged about it in November 2011, and again in May […]

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“Let Peace Begin With Me”

November 26, 2012 – 9:01 pm

Let there be peace on earth—and let it begin with me. I attended a Unity church service yesterday, where we closed the service by standing in a circle holding hands and singing that song. I’d like to close—or maybe open—every Peacemaker seminar with that. We all decry the lack of “peace on earth” but we […]

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Another Mediator Doesn’t Get Sued

September 28, 2012 – 7:46 pm

National mediator ethics expert Mel Rubin has pointed out that “mediator malpractice” actions are rare. Instead, when a mediator behaves incompetently or unethically, it shows up as a dispute between the parties regarding the enforceability of the mediated agreement. Motions to set aside agreements are, he says, in reality a mediator malpractice action. Dispute Resolution […]

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Michigan Court of Appeals Publishes Case on Enforceability of Mediated Agreement

August 20, 2012 – 9:35 pm

Michigan now has its first published case on the enforceability of a mediated agreement. The case, Vittiglio v Vittiglio, involved a divorce mediation that resulted in an agreement. Prior to entry of the divorce judgment, the wife sought to disavow the mediated agreement, alleging that she was in effect coerced into consenting to it. Consistent […]

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An Option for When Joint Session Isn’t Advisable

July 31, 2012 – 2:56 pm

Facilitative mediators prefer to maximize time in joint session, because the parties are the decision-makers and together they can create their own unique resolution of their conflict. But there are times when it is not advisable for parties to be together in the same room, e.g., when the emotional tension between them would make any […]

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