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Due Process as a Component of Just Cause in Labor Arbitration

By Lee Hornberger Introduction This article will discuss how arbitrators, treatises, and courts have reviewed employer use of due process before imposing discipline on an employee under a collective bargaining agreement (CBA). The consensus is that employers should...

Professionalism in ADR-The Professional Mediation Advocate

By Michael S. Leib, Mediator and Arbitrator I have observed advocates and mediators who are the epitome of professionals. From them I’ve learned what professionalism looks like in the practice of ADR, whether as advocates or mediators. This article is about what ADR...

Civil Mediation with Pro-Se Parties

By William D. Gilbride Jr. Occasionally a Court will send over a civil case for facilitative mediation. The order arrives and names are reviewed for the purposes of conflict checks and disclosures. You may notice that one or more of the parties is not represented by...

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Laura A. Athens

Virtual Is Reality: Zoom Mediation Is Here To Stay

Joe Basta One of the few benefits of Covid may be discovery of virtual reality’s utility for dispute resolution. What was born of necessity has now become routine. Zoom[1] appears to be the default for mediation. And now that we are post-pandemic, and no longer under...

Confidently Eliminate Depositions in Arbitration through use of Written Witness Statements

Jerome F. Rock - Arbitration is proven to be more efficient and cost effective than conventional judicial litigation. Because Arbitration is consensual, it is flexible and easily adapted to the particular needs of each case. Arbitration offers a range of tools,...

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...

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...