Author Archives: abfifer

More Litigation About Mediation

December 1, 2022 – 4:29 pm

One of the most interesting mediation articles I’ve read was called “Disputing Irony” by Prof. James Coben, 11 Harvard Neg. L. Rev. 43, 98 (2006). He and his team at Hamline Law School surveyed all the U.S. appellate court cases, state and federal, 1999-2003, that mentioned “mediation,” to see why cases that should have ended […]

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Disclosure Could Become Mandatory

November 14, 2022 – 5:06 pm

In response to a growing scandal, the state of California is considering mandatory disclosure of past relationships by mediators and arbitrators. The scandal involves a Los Angeles attorney named Tom Girardi who worked for years with “private judges” in administering mass tort cases while diverting funds to himself. An LA Times investigation suggests millions of […]

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Apologies from Tech Leaders This Week

November 12, 2022 – 9:08 am

The Wall Street Journal yesterday compiled apologies offered this week from leaders of several tech firms as they announced staffing cuts (“Tech Founders Apologize for Growing Too Fast”). “I got this wrong and I take responsibility for that.” Mark Zuckerberg, founder of Facebook parent Meta Platforms, announcing that it would cut 11,000 workers. “I grew […]

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The British Prime Minister Apologizes

October 18, 2022 – 4:31 pm

British Prime Minister Liz Truss took the opportunity yesterday to apologize for the fiscal decisions made during her brief but controversial tenure in office. Her plans announced last month to cut taxes roiled financial markets, prompting the firing of her Chancellor of the Exchequer Friday, and replacing him with a new head of treasury who […]

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ADR Section Recommends More Mediator Disclosure

September 6, 2022 – 7:16 pm

What should mediators disclose to parties who are considering appointing them as their mediator? Mediators are supposed to be neutral, so parties want to know about any connections a mediator may have with a party or attorney that might make them biased. The Michigan Mediator Standards of Conduct provide guidance on this. They require mediators […]

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