Category Archives: Mediation

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 […]

Mediation Training Online

Can a mediation training course fully online equip a participant to mediate effectively? That’s the question I set out to assess this spring, at the behest of Michigan’s State Court Administrative Office, which oversees mediation training for both courts and community mediation programs in Michigan.  The basic training for general civil mediation is a 40-hour […]

Mediating Probate Cases: Make Sure Everyone Is Notified

The Court of Appeals has invalidated a portion of a mediated settlement agreement as to a party who was not present at the mediation due to lack of notice. In this probate case, In re Meddie Allen Brown (unpublished per curiam opinion of the Court of Appeals, issued April 9, 2020, Docket No. 342485), the […]

Conflict With Your Ex Over Parenting? There’s an App for That

The “stay home” orders around the world are forcing us to minimize personal meetings and maximize technology. One example: mediators and family judges often met with divorced or separated parents to help them resolve issues regarding their children, like child support, parenting time, and education. Those in-person meetings are no longer available, at a time […]