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 […]

It was so easy when I embarked upon a litigation career in 1978. In that bygone era, many clients expected and demanded aggressive litigation tactics and there was no dearth of extremely talented trial lawyers ready and willing to satisfy the desires of these clients and it was not unusual for these litigators to take […]

“You never get a second chance to make a first impression.” The author of this statement is unknown. Some ascribe it to Oscar Wilde, others to Will Rogers. The only confirmed source dates back to 1966 and a men’s suit maker. Regardless, the statement is powerful and true. When it comes to commercial mediations, the […]

For many years, the Supreme Court has been encouraging alternate dispute resolution for domestic relations cases, beginning with adoption of the mediation court rules 15 years ago, MCR 3.216, and continuing with its support of the recent adoption of the Uniform Collaborative Law Act, MCL 691.1331 et. seq., effective December 8, 2014, the Consent Judgment […]

The Michigan Court of Appeals recently increased the flexibility of what parents can agree upon in mediation. Rettig v Rettig, 322 Mich App 750; 912 NW2d 877 (2018). Rettigis the most recent Michigan Court of Appeals published decision concerning the enforceability of a mediation settlement agreement since Vittiglio v Vittiglio, 297 Mich App 391; 824 […]