Mediation is Everywhere!

As we all know, mediation has become quite popular if not ubiquitous over the last twenty years. In the 1980’s and 1990’s, it was slowly gaining acceptance; in the last twenty years, it has truly become THE alternative to litigation. (No doubt, the pandemic with its lockdowns creating the necessity [Read More]

By |December 2nd, 2022|News articles|

Chalking: Next Stop–U. S. Supreme Court?

On three occasions in the past, I have written about a case in Saginaw, Michigan in which the issue was whether chalking tires on parked vehicles violated the Fourth Amendment’s unreasonable search provision. (See, May 10, 2019; September 10, 2021 and August 19, 2022.) In that case, Taylor vs City [Read More]

By |November 12th, 2022|Court Cases|

Back To Basics: Why Mediate?

As part of my preparation to teach a class on mediation confidentiality, I reviewed the Uniform Mediation Act with all of its comments (UMA). In doing so, it struck me that although mediation is extremely popular and common place, it would be good to remind ourselves why we should mediate [Read More]

By |October 14th, 2022|Mediation|

86,400 Seconds

Last week, I posted a blog about the shortness of our working life and whether we really want to spend it embroiled in litigation. That post reminded me of a much earlier post (dated October 1, 2007) in which I looked at time in terms of seconds in a day [Read More]

By |October 1st, 2022|Odd stuff|

The Sound of Silence!

The Sound of Silence is a song written by Disturbed and released in 2015 but made famous by Simon and Garfunkel in the movie, The Graduate. Its lyrics include the phrases: “People talking without speaking, People hearing without listening.” It is the last phrase I want to dwell on: People [Read More]

Be Careful with Your Words!

The ABA published another interesting article discussing the dismissal of a third-party complaint because the parties failed to mediate as required by their contract. Entitled “Failure to Mediate Causes Dismisses of Case” by Michael  Stefanilo, Jr, the article (dated March 23,2022) highlights Rivas v CBK Lodge General Partner, LLC, U.S. [Read More]

By |July 11th, 2022|Court Cases|

A lesson learned!

Last week, I conducted a lemon law mediation which highlighted a very valuable lesson. People need to be heard, acknowledged, and told that what they are saying has merit. The plaintiff leased a luxury automobile. At one point, she brought it into the dealership after the check engine light came [Read More]

By |March 25th, 2022|Actual Mediations|