Good judgment comes from experience, and a lot of that comes from bad judgement.

- Will Rogers

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Blog

Welcome to my Mediation Blog.  Thank you for taking a look.  I hope you find something here worthwhile or useful.

Mar
7

“Are You Kidding Me!?”: Bringing Humor to the Mediation Process

“We do not take humor seriously enough.”  Konrad Lorenz Introduction: Mediation is a serious process where serious conflicts are seriously addressed by serious people.  Whether the process res… Read More
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Mar
4

PREPARING FOR YOUR FIRST MEDIATION: A Step-by-Step Checklist for Advocates

Review the file from top to bottom Mediation is likely to be the closest your client gets to having their day in court.  Consider preparation for it as the moral and functional equivalent of preparin… Read More
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Sep
19

Why Mediators Should Never Say "Never"

“Never give in, never give in, never, never, never, never….” Winston Churchill. Quoted in Churchill and Orwell, the Fight for Freedom by Thomas E. Ricks, Penguin Press 2017 If the parties to… Read More
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May
31

What "The Blind Men and the Elephant" Can Teach Us About Perspective at the Mediation Table

Frequently, disputes arise out of the different perspectives of the parties. Parties may observe the same facts but their perceptions of what happened and why may turn on where they stood, what role t… Read More
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May
11

The Vanishing American Trial and Its Implications

For many years ADR, alternative dispute resolution, meant arbitration. Arbitration was thought to be a quick and inexpensive private and confidential alternative to the traditional jury trial. Over ti… Read More
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Sep
12

Book Review: Opinions—Essays on Lawyering, Litigation and Arbitration, the Placebo Effect, Chutzpah, and Related Matters

 “To be good is noble, but to teach others how to be good is nobler—and less trouble.” Mark Twain (1906) So begins this wonderful collection of essays by two of our funniest, most thoughtful, l… Read More
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Sep
12

BOOK REVIEW: "Opinions—Essays on Lawyering, Litigation and Arbitration, the Placebo Effect, Chutzpah, and Related Matters"

“To be good is noble, but to teach others how to be good is nobler—and less trouble.” Mark Twain (1906) So begins this wonderful collection of essays by two of our funniest, most thoughtful, lea… Read More
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Jun
7

R.E.S.P.E.C.T.: Why It Matters at the Mediation Table (Previously published in "Spotlight," the Oakland County Legal News)

Consider the range of emotions parties sometimes experience as they become embroiled in litigation:  frustration, regret, self-doubt, aggravation, anger, bitterness, depression, anxiety, disappointme… Read More
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Sep
4

How the Greek Financial Crisis Resembles a Mediation

Negotiations between the Greek government and the European Economic Community were much in the news this summer. In the wake of the refugee crisis, the financial crisis has been driven off the front p… Read More
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Jul
2

Understanding Party Objectives & Goals: Arizona Settles Firefighter Death Cases

On June 29, 2015, the New York Times reported on the settlement of two wrongful death law suits against the State of Arizona brought by family members of firefighters killed in a terrible wildfire tra… Read More
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