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The Limitations of Mediator Proposals

By Paul F. Monicatti - Introduction Much has been said and written about the subject of mediator proposals used to potentially close a deal in mediation. A search of Mediate.com, a leading source of scholarly articles, produced 11 pages listing 320 articles under the...

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...

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...

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Laura A. Athens

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...

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...

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...

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