One of the conundrums for us alternative dispute resolution folk is what to do when a party does not pay us for services performed. We tout the disadvantages of suing, but what other recourse do we have when a party breaches its contract to pay the mediator? It would be appropriate for us to mediate […]

An article that I wrote for the State Bar ADR Section’s newsletter on the new court rule on confidentiality in mediation has now been published in its January 2012 edition. The court rule went into effect last September, and we are still trying to figure out how to integrate it into our mediation practice–specifically, how […]

We ADR junkies have become fond of quoting a statistic that “98% of all cases settle.” Trouble is, it isn’t true. I’ve said it in trainings, so I’m responsible for perpetuating this lie. We wandered into this innocently enough. For some years now, courts, including Michigan’s State Court Administrative Office, have released statistics indicating that […]