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The Opening Statement in a Labor Arbitration – by Lee Hornberger

Introduction The opening statement is crucial in labor arbitration cases. The opening statement gives advocates theopportunity to successfully put forth their client’s case in the most favorable light to the arbitrator at thevery beginning of the arbitration...

ABA Ethics Opinion 518 and Its Effects On Mediators, Mediation and Mediator Proposals

ABA Ethics Opinion 518 and Its E4ects On Mediators,Mediation, and Mediator Proposals By: Paul F. Monicatti I. Introduction Last fall the American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 518...

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...

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Laura A. Athens

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...

The Limitations of Mediator Proposals

By Paul F. Monicatti - Introduction Much has been said and written about the subject of mediator proposals used to potentially close a deal in mediation. A search of Mediate.com, a leading source of scholarly articles, produced 11 pages listing 320 articles under the...

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,...