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 […]

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 […]

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 […]