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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,...

What Arbitrators Wish Advocates Knew: Best Practices for Labor and Employment Arbitration

  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...

Thoughts on the Mediator’s Proposal

By William D. Gilbride Jr. This article was first published in the Oakland County Legal Newson November 2024. Mediation is a private, voluntary dispute resolution process in which a neutral third party--either appointed by a court or invited by all parties to the...

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Laura A. Athens

Trauma-informed Care in Mediation – Part 2

 Laura A. Athens - Part 1 of this article, which appeared in the May issue of the ADR Spotlight, described the types of trauma, the prevalence and impact of trauma, and provided an overview of trauma-informed care.  Part 2 of this article focuses on utilizing a...

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...

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...

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