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 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...

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...

.         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...

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      ...

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...

  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...

  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,...

  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...