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Mediator/Party Relationships: Creating The Foundation for a Successful Process

By Sheldon J. Stark – Mediator and Arbitrator 1. Introduction When mediators build a relationship with party decision-makers, gaining their trust and promoting their confidence in the mediator and her process, they create the foundation for a successful...

Newly Neutral

By Lisa W. Timmons, Esq. I have been immersed in the field of ADR as both a provider and practitioner for over 25 years. I am probably most widely known as the Executive Director of the Mediation Tribunal Association (MTA). MTA, the once pilot program that resulted in...

Three ADR Options in Domestic Relations Cases in Michigan

by Philip Schaedler Introduction Alternative Dispute Resolution (ADR) has gained significant importance in the realm of domestic relations cases, providing a more collaborative, compassionate, and efficient way to resolve conflicts compared to traditional litigation....

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Laura A. Athens

Trauma-informed Care in Mediation – Part 1

Laura A. Athens - Trauma-informed Care in Mediation – Part 1[1] by Laura A. Athens The paradox of trauma is that it has both the power to destroy, and the power to transform and resurrect. Peter A. Levine, Ph.D. Most of us have faced trauma at some point in our...

Dispositive Motions in Arbitration: Strategies and Best Practices

Harshitha Ram Dispositive motions in Arbitration A dispositive motion in litigation seeks to dispose of or resolve a claim or issue in the case without going to a full hearing. The moving party argues there are no disputed issues of material fact, and they are...

A Litigator’s Guide to Mediation Advocacy: Reflections on Effectively Achieving Client Goals at the Mediation Table – Part 2

By Sheldon J. Stark – Mediator and Arbitrator Part II This is the second part of a two-part article. Part I focused on the fundamental differences between the mediation process and other stages in the litigation process necessitating a different approach...

A Litigator’s Guide to Mediation Advocacy: Reflections on Effectively Achieving Client Goals at the Mediation Table – Part 1

By Sheldon J. Stark – Mediator and Arbitrator Part 1 This is the first of a two-part article describing the differences between effective mediation advocacy and more traditional zealous advocacy characteristic of other stages in the litigation process. Part II...

Michigan AFSCME Council 25 v Wayne Co: A saga of Steelworkers Trilogy, Michigan Family, and Gavin

By Lee Hornberger This article discusses Michigan AFSCME Council 25 v Wayne Co, unpublished opinion of Court of Appeals (COA), issued April 21, 2022, Docket Nos 356320 and 356322, lv app pdg, in light of Steelworkers Trilogy [Steelworkers v Warrior Gulf Navigation Co,...

Reflections on Civility and Ethics

By Lee Hornberger This article discusses some civility and ethical issues we experience in our professional practices. While accepting the Republican presidential nomination on July 16, 1964, Senator Barry Goldwater said: “I would remind you that extremism in the...

In Lichon, The Michigan Supreme Court Changed the Test for the Scope or Arbitration

By William D. Gilbride Jr. Published: ADR Spotlight December 2022 An age-old inquiry in ADR is under what circumstances must a party’s legal claims be dismissed from court and heard and decided in binding, unappealable arbitration. Over the years, several ground...

10 Negotiation Tips to Prompt Others to Assist You in Satisfying Client Goals

Paul F. Monicatti - Professors James J. White and Harry T. Edwards, in their 1977 seminal text The Lawyer as a Negotiator, called it the “The Art of Negotiation”. Howard Raiffa titled his 1982 book The Art and Science of Negotiation. And in 2008, Barry Goldman...

An Emerging Trend to Replace Direct Testimony with Written Narrative Witness Statements in Commercial Arbitration

Jerome F. Rock - A foundational principle of Arbitration is that it based on an agreement between the parties to submit their dispute for a binding decision by a neutral third party. The Federal Arbitration Act and companion state laws provide basic requirements...