PREMi - Articles

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Bifurcated Hearings in Arbitration: Strategic Considerations and Procedural Guidance

Bifurcated Hearings in Arbitration:Strategic Considerations and Procedural Guidance By Lisa W. Timmons, Esq. Among the procedural tools available to arbitrators and parties, bifurcation remains one of the most useful. The decision to divide an arbitration into...

A Primer on Remedies in Arbitration – By Earlene R. Baggett-Hayes, Arbitrator and Mediator

By Earlene R. Baggett-Hayes, Arbitrator and Mediator Earlene Baggett-Hayes is a senior member of Professional Resolution Experts of Michigan (PREMI), a premier group of seasoned invitation-only arbitrators and mediators. Background This article provides information on...

Med-Arb: Benefits, Risks and Safeguards – By Laura A. Athens

Med-Arb: Benefits, Risks and Safeguardsby Laura Athens Introduction Med-Arb combines mediation and arbitration into a single, seamless alternative dispute resolution (ADR) process that blends collaboration and flexibility with finality. When efficiency is the goal,...

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Waiver of Arbitration Post-Morgan v. Sundance – by Laura Athens

Waiver of ArbitrationPost-Morgan v. Sundance by Laura Athens Three years ago, the United States Supreme Court significantly changed the standard for determining whether a party has waived arbitration. In Morgan v. Sundance, Inc., the Supreme Court...

Mindfulness Revisited – By Joseph C. Basta, JD

Joe Basta Twenty- three years ago, mediation author and teacher Leonard Riskin gave a workshop to the Michigan ADR community entitled “Mindfulness in Dispute Resolution and the Law: Dealing With Stress and Enhancing Satisfaction and Performance.” Riskin was...

Ensuring Client Rights in Mediation: A Guide for Attorneys

. By Robert E. L. Wright,Mediator & Arbitrator Mediation is an increasingly utilized method for resolving disputes, offering clients a flexible, confidential, and self-determined approach to reaching agreements. Attorneys play a pivotal...

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...