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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 unanimously...

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...

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Laura A. Athens

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...

The Unauthorized Practice of Law in Michigan ADR – A Journey

By Michael S. Leib, Mediator and Arbitrator Introduction In 2023 I was appointed to arbitrate a matter in which an out-of-state resident was a party to the proceedings. The parties had agreed by contract to arbitrate here in Michigan and that Michigan law would...

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....