PREMi - Articles

News, Updates, & Resources

Civil Mediation with Pro-Se Parties

By William D. Gilbride Jr. Occasionally a Court will send over a civil case for facilitative mediation. The order arrives and names are reviewed for the purposes of conflict checks and disclosures. You may notice that one or more of the parties is not represented by...

The Case for Restorative Justice in Michigan’s Juvenile Justice System – Risks and Benefits

by Philip Schaedler Michigan is undergoing fundamental changes in its juvenile justice system. Driven by the 2024 legislative reforms and the dedicated efforts of the Michigan Task Force on Juvenile Justice Reform, the state is embracing a new philosophy: restorative...

An Overview of Labor Arbitration

By Lee Hornberger,Arbitrator and Mediator Introduction This article provides an overview of labor arbitration under collective bargaining agreements. Major features of labor arbitration Labor arbitration is a positive alternative to industrial strife, strikes, and...

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Laura A. Athens

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...

The New Michigan Uniform Power of Attorney Act

Laura A. Athens The Michigan Uniform Power of Attorney Act (UPOAA), signed into law by Governor Gretchen Whitmer on November 7, 2023, took effect on July 1, 2024.[1] Michigan has joined 30 other states in adopting this model statute. The Act replaces the prior...

The Power of Mediation in Safeguarding Parental Rights and Combating Neglect and Abuse in Michigan

by Philip Schaedler Introduction In the realm of family law, Michigan, like many other states, grapples with the delicate balance between protecting parental rights and ensuring the safety and well-being of children. Cases involving allegations of parental neglect and...

Michigan Court of Appeals Reverses Circuit Court Vacatur of Public Sector Labor Arbitration Award

By Lee Hornberger, Arbitrator and Mediator Introduction This article reviews Michigan Dep’t of State Police v Michigan State Police Troopers Ass’n, ___ Mich App ___, COA 363241 (December 28, 2023) (Judges Gleicher, Jansen, and Rick), app lv pdg. In Michigan Dep’t...