A clear conscience is usually the sign of a bad memory.

- Steven Wright

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

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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Apr
27

Mediators and Arbitrators: A "Stark" Contrast

Many ADR providers offer both Mediation and Arbitration services, but are the skill sets they offer in each different? If so, how? I spoke on the topic of mediation recently to the National Academy of… Read More
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Jan
26

What Makes a Good Listener?

Listening is essential to good communication. Listening is even more essential to the mediation process. Parties should listen to one another. They might learn something new; or hear something said in… Read More
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Jan
12

The Vanishing American Trial Revisited

The State Bar of Michigan recently sponsored a forum, “The Future of Legal Services.” In the December issue of the State Bar Journal, State Bar President Thomas Rombach followed up with a… Read More
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Oct
21

"Keep this to Yourself; I'm saving it for Trial!"

One essential element of the mediation process is trust in the mediator. I’m referring in particular to the kind of trust which gives parties and counsel comfort they can share sensitive information… Read More
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Oct
3

16 Ways to Use Your iPad at Mediation

iPads are ubiquitous. We see them on the airplane, at the beach, on the next table at lunch, in the coffee shop and on counsel table during motions and trials. We use them for entertainment, to commun… Read More
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Sep
16

SCAO Announces New Mediation Video

The following email was sent to the ADR Community today by Doug Van Epps, Director, Office of Dispute Resolution, State Court Administrative Office. I’m very proud of this and quote the email in… Read More
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Jul
22

The Vanishing American Trial

Tried a case lately? No? How long has it been? If your trial skills are getting rusty, you’re not alone. “Over the past 200 years, litigation in federal courts has continually changed. The… Read More
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Jun
10

When Can We Talk About Money?

I attended “Springboard” last week, an education program jointly sponsored by the Labor and Employment Law and the ADR Sections of the State Bar of Michigan. This year, Springboard focused on effe… Read More
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Jun
10

Peacemaking at the United Nations

I have a friend, now retired, who had a big job for many years at the United Nations organizing peacekeeping missions and overseeing the human resource function. I wondered what insights he might offe… Read More
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