Category Archives: Mediation

Revised Mediation Standards Provide Helpful Guidance

The ABA and the AFCC (Association of Family and Conciliation Courts) have jointly released the 2025 Revision of the Model Standards for Family and Divorce Mediation. This document replaces the Model Standards adopted in 2000, which have withstood the test of time. Notable in the Revised Standards are some additional topics, such as online dispute […]

No Mediation Sanctions for Lack of Settlement Authority

In a claim not seen often, a party to a mediation asked for sanctions for the other party’s failure to send someone with full settlement authority to the mediation. After Charles Leach died in his Tesla, which crashed and caught fire in 2021, his widow, on behalf of his estate, sued Tesla for wrongful death […]

Stop Asking About Mental Health

Michigan’s State Court Administrative Office took some steps recently to align mediation rules regarding parties’ mental health with the federal Americans with Disabilities Act (ADA). Mediators were previously encouraged to screen for mental health issues that might contribute to domestic violence, as part of the Domestic Violence Screening Protocol. For example, in assessing a party’s […]

Mediator Testifies

The Facts: A volunteer mediator for a community mediation center conducted a Zoom mediation in a domestic case over the issue of parenting time. Each party had an attorney, although the attorneys were not present in the mediation. The parties reached an agreement, after the father checked in by phone with his attorney. The mediator […]

How Does Litigation Funding Affect Mediation?

Litigation funding is a means of financing a lawsuit. A third party “invests” in the lawsuit, helping to pay for the costs of litigation, then collects a portion of the recovery. It mostly helps plaintiffs, especially parties who could not afford to sue, such as class actions. If its side does not prevail – in […]