PREMi - Articles

News, Updates, & Resources

ABA Ethics Opinion 518 and Its Effects On Mediators, Mediation and Mediator Proposals

ABA Ethics Opinion 518 and Its E4ects On Mediators,Mediation, and Mediator Proposals By: Paul F. Monicatti I. Introduction Last fall the American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 518...

Bifurcated Hearings in Arbitration: Strategic Considerations and Procedural Guidance

Bifurcated Hearings in Arbitration: Strategic Considerations and Procedural Guidance By Lisa W. Timmons, Esq. Among the procedural tools available to arbitrators and parties, bifurcation remains one of the most useful. The decision to divide an arbitration into...

A Primer on Remedies in Arbitration – By Earlene R. Baggett-Hayes, Arbitrator and Mediator

By Earlene R. Baggett-Hayes, Arbitrator and Mediator Earlene Baggett-Hayes is a senior member of Professional Resolution Experts of Michigan (PREMI), a premier group of seasoned invitation-only arbitrators and mediators. Background This article provides information on...

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Laura A. Athens

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....

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...

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...