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Don’t Mislead Mediation Participants: What ABA Formal Opinion 518 Teaches Attorney-Mediators

. By Robert E. L. Wright,Mediator & Arbitrator The Peace Talks, PLC Introduction: Why Opinion 518 Matters Now Mediators routinely operate at the intersection of law, psychology, and negotiation. In court-connected mediation—particularly...

Due Process as a Component of Just Cause in Labor Arbitration

By Lee Hornberger Introduction This article will discuss how arbitrators, treatises, and courts have reviewed employer use of due process before imposing discipline on an employee under a collective bargaining agreement (CBA). The consensus is that employers should...

Professionalism in ADR-The Professional Mediation Advocate

By Michael S. Leib, Mediator and Arbitrator I have observed advocates and mediators who are the epitome of professionals. From them I’ve learned what professionalism looks like in the practice of ADR, whether as advocates or mediators. This article is about what ADR...

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Laura A. Athens

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...

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....

What the Best Lawyers and Mediators Do with an Unsuccessful Mediation

By Paul F. Monicatti - Most disputes will settle as a result of mediation when all parties voluntarily participate in good faith, share the same objective of settlement, consider different points of view with an open mind, and are willing to compromise after...

Practice Tips for a Successful Mediation

By William D. Gilbride Jr. This article was first published in the Oakland County Legal News on November 21, 2023. Practice Tips for a Successful Mediation Because facilitative mediation has been demonstrably successful in resolving disputes, many courts presiding...

Mediator Ethics and Ethical Dilemmas

By Antoinette R. Raheem MEDIATOR ETHICS AND ETHICAL DILEMMAS While professional ethics for attorneys are required subjects in law schools, ethics for mediators receive much less attention. In most Michigan law schools, the Michigan Mediator Standards of Conduct[1]...