“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 ADR […]

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 […]