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, […]

There are Alternative Dispute Resolution (ADR) processes, and then there’s Ken Feinberg. Mr. Feinberg has become a one-man process unto himself, a unique blend of mediation and arbitration, completely outside the judicial system. Michael Lewis, in his podcast series “Against the Rules,” interviews Mr. Feinberg and delves into aspects of his power and authority, in […]

The Michigan Court of Appeals has ruled that mediation fees may be a taxable cost of a lawsuit. In a published decision (meaning the case sets precedent state-wide), the Court determined in Patel v Patel, 324 Mich App 631 (2018) that MCR 2.411(D)(4) permits a court to order a party to pay the mediator’s fee. […]