How to Select a Mediator

As mediation has become the preferred form of ADR in Michigan, the selection of a mediator has become a critical stage of the dispute resolution process. So how do you select a good mediator? Here are some answers based on an exhaustive 2008 ABA survey. The ABA Dispute Resolution Section appointed a task force on […]

read more

What “The Blind Men and the Elephant” Can Teach Us About Perspective at the Mediation Table

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. […]

read more

Consensus Decision-Making: A New Way of Making Public Policy Choices

Many people are familiar with the concept of interest-based negotiation which is widely used in public school, postal service and manufacturing negotiations. Consensus decision making, which is particularly powerful in the public policy and political context, may not be so familiar. Just what is Consensus Decision-Making? Basically, it is an opportunity for people, governmental entities, […]

read more

Mediator-Arbitrator Conduct After Arbitration and Mediation

An interesting decision by the Michigan Court of Appeals demonstrates the ethical challenges posed by long-standing, close relationships between attorneys and the arbitrators and mediators they select. Hartman v Hartman, unpublished opinion per curiam of the Court of Appeals, issued August 7, 2012 (Docket No 304026), concerned the same attorney serving as both arbitrator and […]

read more

The Big Nuisance: A Not So Radical Proposal for Mediating Nuisance Value Conflicts – Part III

This article was co-authored by Shel Stark, a mediator and arbitrator in Ann Arbor, Michigan, and Sonal Priya, a law student at M.S. Ramaiah College of Law in the State of Bangalore, India. Mr. Stark is Chair of the State Bar of Michigan’s Alternative Dispute Resolution Section, and Ms. Priya hopes to someday be a […]

read more

The Big Nuisance: A Not So Radical Proposal for Mediating Nuisance Value Conflicts – Part II

This article was co-authored by Shel Stark, a mediator and arbitrator in Ann Arbor, Michigan, and Sonal Priya, a law student at M.S. Ramaiah College of Law in the State of Bangalore, India. Mr. Stark is Chair of the State Bar of Michigan’s Alternative Dispute Resolution Section, and Ms. Priya hopes to someday be a […]

read more