Category Archives: Mediation

Universal Disclosure Protocol for Mediation

Michigan mediators have been wrestling with what they must disclose to potential mediation parties, especially since the Hartman case. That was the divorce case where the mediator did not disclose to the husband or his attorney that she was good friends with the wife’s attorney—such good friends that she flew to Florida to spend a […]

Confidentiality in Mediation: Tyler v Findling

The Michigan Supreme Court upheld the confidentiality of mediation in a case decided last year, Tyler v Findling. The facts were somewhat unusual; the statement in question was made by one attorney (Mr. Findling) to another attorney, outside the presence of the mediator or the other mediation participants, and it did not concern the substance […]

Non-Disclosure Agreements: Are Mediators Unwittingly Perpetuating Abuse?

Non-Disclosure Agreements (NDAs) are contracts binding parties to keep quiet, often to keep quiet about their dispute and its settlement. NDAs have come under increasing scrutiny of late, because they have permitted wrongdoers to go on to harm others. One famous example is Hollywood producer Harvey Weinstein, who was sued several times for his sexual […]

Mediating the Presence of a Bible

Should a Bible be included in a display honoring missing veterans near the entrance of a veterans’ hospital? A veterans hospital in Manchester, New Hampshire, thought so, but two U.S. Air Force veterans objected. Somehow the dispute ended up in federal court, but now the parties have agreed to mediation. Too bad they didn’t try […]

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 […]


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