“The intuitive mind is a sacred gift and the rational mind is a faithful servant.” Albert Einstein Numerous publications, recordings, seminars, and courses are devoted to the study of negotiation. Many of them profess to reveal secrets to the art of successful negotiation. Others approach negotiation as a science rather than an art. When all […]

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 […]

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 […]

“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 […]

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 […]

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 […]