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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...

Adverse Inferences in Arbitration

By Lee Hornberger,Arbitrator and Mediator This is an overview of adverse inferences in labor arbitration. This includes reviewing provider organization rules, labor arbitration awards, case law, and treatises on labor arbitration. American Arbitration Association...

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....

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By Lee Hornberger This article discusses Michigan AFSCME Council 25 v Wayne Co, unpublished opinion of Court of Appeals (COA), issued April 21, 2022, Docket Nos 356320 and 356322, lv app pdg, in light of Steelworkers Trilogy [Steelworkers v Warrior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

Co-mediation: “Shall we dance?”

By Earlene R. Baggett-Hayesand Joyce A. G. Mitchell Co-mediation is a conflict resolution approach that has many similarities to the tango. The tango is a ballroom and social dance that originated in the 1880s along the border between Uruguay and Argentina. While the...