PREMi - Articles

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Don’t Mislead Mediation Participants: What ABA Formal Opinion 518 Teaches Attorney-Mediators

. By Robert E. L. Wright,Mediator & Arbitrator The Peace Talks, PLC Introduction: Why Opinion 518 Matters Now Mediators routinely operate at the intersection of law, psychology, and negotiation. In court-connected mediation—particularly...

Due Process as a Component of Just Cause in Labor Arbitration

By Lee Hornberger Introduction This article will discuss how arbitrators, treatises, and courts have reviewed employer use of due process before imposing discipline on an employee under a collective bargaining agreement (CBA). The consensus is that employers should...

Professionalism in ADR-The Professional Mediation Advocate

By Michael S. Leib, Mediator and Arbitrator I have observed advocates and mediators who are the epitome of professionals. From them I’ve learned what professionalism looks like in the practice of ADR, whether as advocates or mediators. This article is about what ADR...

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Review of Michigan Appellate Decisions Concerning Arbitration Part 2 of 2

By Lee Hornberger,Arbitrator and Mediator Introduction This article is the second of two parts reviewing selected Michigan appellate cases concerning arbitration. MICHIGAN COURT OF APPEALS–PUBLISHED DECISIONS Pre-award lawsuit concerning arbitrator selection ...

Review of Michigan Appellate Decisions Concerning Arbitration Part 1 of 2

By Lee Hornberger,Arbitrator and Mediator Introduction This article is the first of two parts reviewing selected Michigan Supreme Court and Court of Appeals cases concerning arbitration. Michigan Supreme Court Decisions Waiver of right to arbitration via case...

The 100th Anniversary of the Federal Arbitration Act: A Century of Dispute Resolution

By Lisa W. Timmons, Esq. Introduction The Federal Arbitration Act (FAA), enacted on February 12, 1925, has been a cornerstone of American dispute resolution for a century. It transformed arbitration from a seldom-used alternative into a central feature of the...

Laying the Foundation for Settlement with Ex Parte Communications

By Sheldon J. Stark – Mediator and Arbitrator Introduction Ex Parte communications are commonplace and completely ethical in the mediation process. Indeed, where “shuttle diplomacy” is the process model all communication is ex parte. In this paper,...

What Arbitrators Wish Advocates Knew: Best Practices for Labor and Employment Arbitration

By Lisa W. Timmons, Esq. Arbitration in labor and employment law presents unique challenges which require advocates to be strategic, precise, and respectful of both the process and the participants. Arbitrators in these cases often observe common missteps that...

Thoughts on the Mediator’s Proposal

By William D. Gilbride Jr. This article was first published in the Oakland County Legal Newson November 2024. Mediation is a private, voluntary dispute resolution process in which a neutral third party--either appointed by a court or invited by all parties to the...

Adverse Inferences in Arbitration

By Lee Hornberger,Arbitrator and Mediator This is an overview of adverse inferences in labor arbitration. This includes reviewing provider organization rules, labor arbitration awards, case law, and treatises on labor arbitration. American Arbitration Association...

The Role of a Process Arbitrator: Enhancing Efficiency and Collaboration

By Lisa W. Timmons, Esq. Arbitration, traditionally viewed as a streamlined alternative to court, is widely used in commercial, construction, and international disputes. Its appeal lies in its perceived efficiency, confidentiality, and potential cost savings....

Let’s Make A Deal: Planning and Managing Concessions – By Joseph C. Basta, Esq.

Joe Basta As a mediator and negotiation coach I am struck by how often parties and their lawyers fail to think through exactly what they wish to achieve in mediated settlement negotiations, much less how they plan to get there. You will set your goals as a negotiator...