Getting Your Most Beneficial Dispute Resolution By Combining ADR Processes

Much has been written about the benefits of the different types of Alternative Dispute Resolution (”ADR”). We know that Arbitration can, among other things, bring finality. Mediation can help parties to preserve relationships. Negotiation can save time and money. Case evaluation, much maligned but still regularly utilized in Michigan, can help parties close the final […]

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Talk Less, Listen More, Negotiate Better

A recent Wall Street Journal article brought home to me again the importance of listening for successful negotiating. Journalist Masada Siegel reported interviewing Glen Cohen, a retired hostage negotiator for the Israel Defense Forces. For a hostage negotiator, listening can mean life or death. Cohen says the biggest mistake to make is to jump to […]

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“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 results in resolution or the continued litigation continues, the consequences are serious, too. Generally speaking, the more consequential the dispute, the more serious the participants. The more serious […]

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Court Rule Amendments – It Isn’t Your Traditional Litigation Plan Anymore

With the promulgation of the Michigan Supreme Court’s Order 2018-19, many significant and important amendments to the Michigan Court Rules will become effective January 1, 2020. See https://courts.michigan.gov/Courts/MichiganSupremeCourt/rules/court-rules-admin-matters/Adopted/2018-19_2019-06-19_FormattedOrder_AmendtOfDiscoveryRules.pdf. This article provides a brief overview of only a few of these amendments and identifies a number of potential suggested strategies that may give rise to a reconsideration […]

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Alternative Dispute Resolution In A Virtual World

Technology has been changing everything, and ADR is no different.  As someone who has a primary residence in Michigan and a second home in Arizona, I have been struggling with scheduling mediations and arbitrations for the blocks of time I spend at my second home. In the past I would jam all my in- person […]

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A Flexible Protocol for Pre-Suit and Early Stage Mediation in Business Disputes

In my experience as a neutral in business, technology and construction industry disputes, I’ve come to appreciate the effectiveness of Pre-Suit and Early Stage mediation. As a former business executive, I understand the value of minimizing disruption to business operations. If a dispute arises out of a business transaction, typically the parties have already negotiated […]

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