Category Archives: Uncategorized

Court Admits Mistake

It takes courage to admit one’s error. It takes even more encourage to do so publicly. But a panel of our Michigan Court of Appeals has done that in a well-written opinion issued this week. Judges Gadola, Gleicher and Stephens are to be commended for their honesty, and their example. The case, Barnowski v Cleary […]

Christian Conciliation Clause Upheld by Federal Court

Here’s another case where a court enforced the contract clause requiring parties to resolve their disputes in a Christian process rather than in the courts: Pettey v Share, US District Ct, SD-Miss, 10-01-2019. Mr. Jernigan signed up for Medi-Share, a Christian organization in which members share medical costs, in 2014. Mr. Jernigan evidently later suffered […]

Another Dimension to Forgiveness: Caste

I have written several posts about forgiveness where the victim, who happened to be black, has publicly forgiven the offender, who happened to be white. I thought it was especially impressive because black people in America have more to forgive. After reading Isabel Wilkerson’s powerful book, Caste (Random House: 2020), I see another dimension to […]

Quit While You’re Ahead

Mediation is facilitated negotiation, so it’s good for mediators to pay attention to what happens in negotiation. I had two recent experiences that reminded me of a key negotiation principle, “quit while you’re ahead.” In one case, I hadn’t gotten points in my airlines reward program. I made my case over the phone for why […]

Thoughts on Mediator Disclosures

A Michigan mediator was hauled before the Attorney Grievance Commission for failing to disclose the full extent of her social relationship with one party’s attorney in a divorce case she mediated and arbitrated. I wrote up some thoughts about it, and the Michigan Dispute Resolution ADR Journal published them in their recent Fall 2019 issue, […]

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