Category Archives: Mediation

Update to 9/2/21 Post

An update to my post of 2 September 2021, “Mediator Standards of Conduct Could Have Helped Here”: the mediator’s law firm has decided to withdraw from representing the one party in that case, thus removing the appearance of a conflict of interest. This means an appellate court decision on mediator conflicts of interest will have […]

Mediator Standards of Conduct Could Have Helped Here

Where should lawyers seek guidance in determining potential conflicts of interest regarding mediation? Michigan’s Standards of Conduct for Mediators are an overlooked resource here. A recent case bears this out (Great Lakes Home Health Services Inc v Carolyn Ewing, lv gntd Michigan Court of Appeals Case No. 357907). Mr. Mediator, an attorney with the M […]

Minimizing Mediator’s Own Liability

Should mediators include in their retention agreements a waiver of liability? This would be a clause along the lines of, “The mediator cannot be held liable for any act or omission in connection with this mediation.” A thoughtful article by Bill Quatnam just posted on Mediate. com suggests mediators should think carefully about this. The […]

Are Mediator Statements Confidential Too?

Confidentiality in mediation typically refers to communications made by the parties and their attorneys. What about statements made by the mediator? Are those confidential? And if so, what should a mediator do when a party publicizes a statement allegedly made by the mediator in mediation, especially if it’s inaccurate? This happened to a mediator colleague […]

Risks of Mediator Proposals

As a facilitative mediator, I’ve never been a fan of mediator proposals. This article by a judge-turned-mediator, The Danger of Mediator Proposals, does a great job explaining why. In addition, I would note that, while mediator proposals can help parties settle on a dollar figure, parties who focus on money alone will miss the non-monetary […]

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