In Higgins v. Hahn – an unpublished per curiam Wisconsin Court of Appeals decision issued May 4, 2022 – a mediator in a divorce action testified in the trial court about some of what occurred during the mediation. Such a scenario implicates Wis. Stat. section 904.085, which governs the admissibility of communications in mediation.
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Communications in Mediation: Not Admissible in Court?
In Higgins v. Hahn – an unpublished per curiam Wisconsin Court of Appeals decision issued May 4, 2022 – a mediator in a divorce action testified in the trial court about some of what occurred during the mediation. Such a scenario implicates Wis. Stat. section 904.085, which governs the admissibility of communications in mediation.
Case…
Mediators: Why Are You Chosen to Mediate a Case?
While mediators tend to focus on how we conduct the mediation, we tend to devote little attention as to why a particular mediator was selected by the parties.
What are the factors parties consider when deciding upon the mediator for their case?
Trust You’ve Earned from Prior Contact
All parties want someone they can trust.…
A Conversation with the Dispute Resolution Section Student Liaisons
In fall 2021, two students from Marquette University Law School’s Dispute Resolution Program, Mishkat “Mishi” Torania (3L) and Sarah Bondar (1L), joined the Dispute Resolution Section Board as student liaisons this academic year.
Mary Ferwerda, Marquette 2011, is executive director of the
Milwaukee Justice Center, the civil legal aid self-help center in Milwaukee County.…
A Conversation with the Dispute Resolution Section Student Liaisons
In fall 2021, two students from Marquette University Law School’s Dispute Resolution Program, Mishkat “Mishi” Torania (3L) and Sarah Bondar (1L), joined the Dispute Resolution Section Board as student liaisons this academic year.
Mary Ferwerda, Marquette 2011, is executive director of the
Milwaukee Justice Center, the civil legal aid self-help center in Milwaukee County.…
Biden Administration Bans Arbitration of Workplace Sexual Harassment Claims
In early March, President Joe Biden signed a new law banning mandatory arbitration for workplace sexual assault and sexual harassment claim. Holly Pomraning discusses the act and its implications for employers.
This article was first published in the Lake Effect Human Resources & Law blog. It is published here with permission from the firm and…
Biden Administration Bans Arbitration of Workplace Sexual Harassment Claims
In early March, President Joe Biden signed a new law banning mandatory arbitration for workplace sexual assault and sexual harassment claim. Holly Pomraning discusses the act and its implications for employers.
This article was first published in the Lake Effect Human Resources & Law blog. It is published here with permission from the firm and…
Incorporating Clan Mediation in a Mediated Divorce within the Hmong Community
The cultural mediation I refer to in this article is clan mediation. Clan mediation within the Hmong community is the negotiation process that Hmong married individuals undergo along with both the husband and wife’s respective clans when seeking a cultural divorce.
In a previous article in the State Bar Family Law Blog in May 2021…
Incorporating Clan Mediation in a Mediated Divorce within the Hmong Community
The cultural mediation I refer to in this article is clan mediation. Clan mediation within the Hmong community is the negotiation process that Hmong married individuals undergo along with both the husband and wife’s respective clans when seeking a cultural divorce.
In a previous article in the State Bar Family Law Blog in May 2021…
Ethical Awareness When Negotiating
Late December has to be the most ethical time of the year. It’s when at least half the attorneys think about EPR credits. This article won’t provide ethics credit, but the results of these studies will get you thinking.
In 2009, Art Hinshaw and Jess K. Alberts examined how likely it was that attorneys would…