Man's mind stretched to a new idea never goes back to its original dimensions.

- Oliver Wendell Holmes

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May
8

The Case for Embracing Diversity and Inclusion In Our Profession

We are in the midst of a global pandemic, hunkered down at home trying to be healthy and safe. With executive, stay-at-home orders in place, we have – at last – time for reflection, to wal… 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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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
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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Jun
3

Peacemaking Inside 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. In connection with his HR responsibili… Read More
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Jan
20

Return on Investment - Mediation Style

(Reprinted with permission from the Detroit Legal News, December 27, 2013) In the litigation environment of the second decade of the 21st Century, mediation offers an excellent return on investment. H… Read More
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