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...

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...

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...

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...

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...

By Antoinette Raheem Many of us cannot count the number of times we have looked at the day’s news, been saddened, discouraged and sometimes overwhelmed by it, and felt helpless to do anything about what we witnessed.  Our feeling of helplessness no doubt arose from...

By Lisa Taylor For those attorneys who thrive only when they are enmeshed in the combat of litigation, this article is not for you. Although I have been an attorney for over 30 years, I became a full-time mediator 14 years ago to focus on settlement instead of...

  By Sheldon J. Stark – Mediator and Arbitrator   This is the first in a series of “From the Field” columns describing mediator techniques you might find useful in your own practice.  I call this issue’s technique “The Value of Closure.”  I learned it from...

.         By Robert E. L. Wright, Mediator & Arbitrator... First Appearing in the Oakland County Legal News May 2022. Allowing parties to make their own choices and come to their own decisions regarding the outcome of a dispute is a fundamental...