Category Archives: Uncategorized

Michigan Court of Appeals Publishes Case on Enforceability of Mediated Agreement

August 20, 2012 – 9:35 pm

Michigan now has its first published case on the enforceability of a mediated agreement. The case, Vittiglio v Vittiglio, involved a divorce mediation that resulted in an agreement. Prior to entry of the divorce judgment, the wife sought to disavow the mediated agreement, alleging that she was in effect coerced into consenting to it. Consistent […]

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An Option for When Joint Session Isn’t Advisable

July 31, 2012 – 2:56 pm

Facilitative mediators prefer to maximize time in joint session, because the parties are the decision-makers and together they can create their own unique resolution of their conflict. But there are times when it is not advisable for parties to be together in the same room, e.g., when the emotional tension between them would make any […]

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Training in Evaluative Mediation?

June 30, 2012 – 11:18 am

Should mediation training include evaluative as well as facilitative mediation? A recent law review article complains that mediators are trained only in the facilitative style of mediation, yet the market demands an evaluative style, leaving mediators ill-equipped for real-world mediation. The article, Practical Considerations in Mediation Training: Should Mediators be Trained to Adapt to the […]

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Electronic Correspondence

June 5, 2012 – 11:14 am

With apologies to the U.S. Postal Service, I just took another step towards electronic-only correspondence: for the first time, I sent out information to mediation parties solely via email. Until now*, I have always followed up the email and attachments with a printed paper version sent via U.S. mail. This time, with the attorneys’ consent, I […]

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Too Many Standards of Conduct?

May 29, 2012 – 3:39 pm

Too Many Standards of Conduct? History of Michigan’s Standards of Conduct for Mediators The State Court Administrative office convened a committee a couple years ago to review Michigan’s Standards of Conduct for Mediators and recommend any needed changes. Michigan’s Standards were adopted in 2001, based on the Model Standards of Conduct for Mediators of general […]

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