Mediators can effectively flip the script

When parties reach what may appear to be an impasse in mediation, mediators often employ various reality testing techniques. They may ask questions such as, “What do you think will happen if…?” or “How do you think the other side will respond if…?” Another technique is for the mediator to suggest each party step into […]

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Impact of Due Process Protocol Principles on Arbitration of Statutory Employment Cases in Michigan

On May 9, 1995, the Task Force issued its “Protocol” recommendations. Arnold M Zack, NAA President 1994-1995, considered the Protocol “a rather modest undertaking to protect the credibility of labor management arbitration and to provide guidance to NAA arbitrators who might be undertaking such [employment arbitration] work.” “The Due Process Protocol: Getting There and Getting […]

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In Mediation, Process and Timing Really Do Matter (Plus A Special Bonus Opportunity)

Two fascinating follow-up studies, one conducted by the Supreme Court Administrative Office (SCAO), and another by the ABA Section on Alternative Dispute Resolution, provide significant insights on the mediation process and the timing of ADR that mediators and litigators should consider.  Before discussing these follow-ups, let’s quickly review the initial studies In the first ABA […]

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DIVORCE and the “MODERN FAMILY”: Using ADR to Address Our Ever-Diversifying Society’s Family Law Needs

Divorce is never a one size fits all process. However, when the parties to a domestic matter are culturally or otherwise diverse, lawyers should take even more care to address the unique needs of the parties. It goes without saying that, within any group, people are unique and no one group has all the same […]

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Who’s Sorry Now?

The season is upon us. Alas, not summer but the season of apologies. Like pollen in the air, apologies proliferate. Brought to the forefront by the #MeToo movement, apologies are everywhere and not just limited to controversies over sex harassment. The problem is too many of the apologies we see are half-baked and insincere. Apology […]

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Restorative Conferencing: What It Is, Why It Works

In the 2014 – 15 school year there were 1300 expulsions from Michigan schools. Greater than 50% of those expulsions lasted more than 180 calendar days, over half the school year. Students who are expelled or suspended often struggle academically, are more likely to drop out, get in trouble, and may eventually end up in […]

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