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

“Empathy” at the Mediation Table – Understanding another Person’s Point of View: A Fundamental Tool of Communication

“Empathy,” when used appropriately is truly amazing. It strengthens and enriches our understanding of others, and enhances our ability to motivate them. Though there is no scientific way to measure the power of empathy, you can feel it when you use it, especially during mediation-type proceedings, when the opposing parties are frozen in their positions […]

read more

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

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

Arbitration Advocacy

Arbitrations are meant to be cost efficient, quick and more informal than courtroom litigation. However, many litigators seem to forget that. Arbitration pre-hearing conference orders often include phrases such as “the rules of evidence will be liberally applied in light of the nature of the arbitral process.”  This means some hearsay testimony and/or leading questioning […]

read more

Functus Officio

One area of the law that has recently received some noteworthy attention is the arbitration doctrine of functus officio. The doctrine of functus officio provides that an arbitrator’s duties are generally discharged upon the rendering of a final award at which point the arbitral authority is terminated. See Green v. Ameritech Corp., 200 F.3d 967 (2000); […]

read more