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The Opening Statement in a Labor Arbitration – by Lee Hornberger

Introduction The opening statement is crucial in labor arbitration cases. The opening statement gives advocates theopportunity to successfully put forth their client’s case in the most favorable light to the arbitrator at thevery beginning of the arbitration...

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...

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Laura A. Athens

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...

Three ADR Options in Domestic Relations Cases in Michigan

by Philip Schaedler Introduction Alternative Dispute Resolution (ADR) has gained significant importance in the realm of domestic relations cases, providing a more collaborative, compassionate, and efficient way to resolve conflicts compared to traditional litigation....

What the Best Lawyers and Mediators Do with an Unsuccessful Mediation

By Paul F. Monicatti - Most disputes will settle as a result of mediation when all parties voluntarily participate in good faith, share the same objective of settlement, consider different points of view with an open mind, and are willing to compromise after...

Practice Tips for a Successful Mediation

By William D. Gilbride Jr. This article was first published in the Oakland County Legal News on November 21, 2023. Practice Tips for a Successful Mediation Because facilitative mediation has been demonstrably successful in resolving disputes, many courts presiding...

Mediator Ethics and Ethical Dilemmas

By Antoinette R. Raheem MEDIATOR ETHICS AND ETHICAL DILEMMAS While professional ethics for attorneys are required subjects in law schools, ethics for mediators receive much less attention. In most Michigan law schools, the Michigan Mediator Standards of Conduct[1]...

Important Considerations for Sexual Harassment Mediation

By Earlene R. Baggett-Hayes It is an undisputed fact that one can compose a dissertation on workplace sexual harassment mediation and fail to give it justice,. proper attention,. or the thorough analysis it deserves. This article will briefly address a few of the...

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...