Category Archives: Uncategorized

“Dispute” or “Conflict”?

I have always used the words “conflict” and “dispute” inter-changeably. The dictionary definitions seem to show, as law school professors would say, a distinction without a difference. So I am grateful to Brian Muldoon of HeartWorks Mediation Center, keynote speaker at this year’s ANDRI, for offering a way to distinguish them: He says a “dispute” […]

Paying the Mediator

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 […]

W(h)ither Case Evaluation?

The dispute resolution process now known as “case evaluation” has been used by Michigan courts for forty years to settle litigated cases, but it is now on the far side of the bell curve in terms of its effectiveness. The basic concept seems sound: have a team of three outside attorneys review the case and […]

Article on New Confidentiality Court Rule

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 […]

Apologies in the Practice of Law

The ABA Journal recently posted a very good article on apology that encompasses all aspects of legal practice: The Last Word: When the Last Thing You Want to do is the First Thing You Ought to do. Many articles have been written about apology as a component of mediated settlements, and I’ve given workshops on […]