There are two ways to be fooled. One is to believe what isn't true; the other is to refuse to believe what is true.

- Soren Kierkegaard

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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 preparing… 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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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, disappointment… 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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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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May
1

Using Demonstrative and Visual Aids at Mediation

A picture is worth 1000 words. We all know that, yet few litigators think to bring visual and demonstrative aides to mediation. They’re missing a good bet. My advice? Use them. At mediation. I mean… Read More
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Mar
24

Apology Not Required

Much has been written about the role of apology in mediation. The positive impact of a sincere, heart felt apology is well described in the literature. Every experienced mediator has witnessed it. Whe… Read More
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Jan
10

Impatience

“Can’t we cut to the chase?” is a refrain mediators sometimes hear during a caucus. It may reflect frustration with the pace of the negotiations – although sometimes it’s a stratagem to dist… Read More
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