On February 24, Shel Stark was one of the leaders and facilitators for the ADR Section’s 2022 Spring Mediator Forum, where mediators learn from mediators.  The 2-hour program, sponsored by the ADR Section, State Bar of Michigan, was attended by some 70 participants.  Various mediator techniques and practices were shared and discussed in large groups and small.  A summary of comments and suggestions can be found on the ADR Section website, under resources.  The program earned some of the highest ratings of any recent Section program.   ..read more

INTRODUCTION For many, especially those new to the process of settling legal disputes, negotiations across the mediation table are like nothing the parties have ever experienced before.  The purpose of this article is to better prepare participants in mediation for what to expect and to suggest ways they might take full advantage of their participation in the process. ANTICIPATE A TROUBLESOME START Lacking prior experience, many parties arrive at the mediation table only to find themselves shocked, disheartened and ..read more

We are in the midst of a global pandemic, hunkered down at home trying to be healthy and safe.  With executive, stay-at-home orders in place, we have – at last – time for reflection, to walk out onto the balcony, take the long view, step back and ponder big questions.  One of those big questions pertains to the diversity of our profession and the relationships we have with persons from different backgrounds, races and cultures.  As members of that profession are we doing enough to strengthen opportunities for all, to model tolerance and understanding of differences, and to remov ..read more

“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 the participants, the less likely they are to find anything funny.  Hence, bringing humor to the mediation table can be dangerous.  Should someone take offence or conclude t ..read more

Review the file from top to bottom Mediation is likely to be the closest your client gets to having their day in court.  Consider preparation for it as the moral and functional equivalent of preparing for trial. Examine the pleadings for important concessions or admissions. Organize the documents – identify key attachments, quotes and cull outs for your written mediation summary. Outline deposition transcripts – cull out key testimony to illustrate the points you make in your written submission. Review the elements of your claims and defenses – do you have all the evidence you need to me ..read more

“Never give in, never give in, never, never, never, never….” Winston Churchill. Quoted in Churchill and Orwell, the Fight for Freedom by Thomas E. Ricks, Penguin Press 2017 If the parties to a dispute are not ready to settle, no technique, no approach, no amount of skill or artistry employed by a mediator will bring them together. Conversely, if the parties desire a resolution it will happen notwithstanding misjudgments, blunders or missteps by the mediator. Knowing party intent in advance might just save time and money[1]. Regrettably, a party’s commitment to the settlement process in any giv ..read more

Frequently, disputes arise out of the different perspectives of the parties. Parties may observe the same facts but their perceptions of what happened and why may turn on where they stood, what role they were playing or what they were thinking at the time of the occurrence or event at the center of the controversy. Anais Nin famously said, “we see things not as they are, but as we are.” Looking at the dispute as an objective, third party neutral, mediators may see the figure/ground change back and forth many times as he listens to each share their perspective. Is the image below a woman’s face ..read more

For many years ADR, alternative dispute resolution, meant arbitration. Arbitration was thought to be a quick and inexpensive private and confidential alternative to the traditional jury trial. Over time, however, litigators “judicialized” the arbitration process to the point that in many instances it is difficult to distinguish from a bench trial. In recent times, ADR has come to mean mediation. Mediation has grown to be the ADR process of choice for most litigators. In August 2000, the Michigan Supreme Court adopted new court rules, MCR 2.410 and 2.411 authorizing state trial court judges to ..read more

 “To be good is noble, but to teach others how to be good is nobler—and less trouble.” Mark Twain (1906) So begins this wonderful collection of essays by two of our funniest, most thoughtful, learned, and insightful colleagues, Stuart M. Israel and Barry Goldman.[1] The book includes the Good Housekeeping Seal of Approval for Labor Lawyers and Arbitrators: a foreword by Theodore J. St. Antoine, one of the most respected arbitrators and labor law professors in the country.[2] Israel and Goldman share their perspectives on labor and employment law, lawyering, mediating and arbitrating, arbi ..read more

“To be good is noble, but to teach others how to be good is nobler—and less trouble.” Mark Twain (1906) So begins this wonderful collection of essays by two of our funniest, most thoughtful, learned, and insightful colleagues, Stuart M. Israel and Barry Goldman.[1] The book includes the Good Housekeeping Seal of Approval for Labor Lawyers and Arbitrators: a foreword by Theodore J. St. Antoine, one of the most respected arbitrators and labor law professors in the country.[2]  Israel and Goldman share their perspectives on labor and employment law, lawyering, mediating and arbitrating, arbi ..read more