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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

“The Next Level for ADR”

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...

Encourage early-stage mediation to build your practice and help families

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...

FROM THE FIELD: Adding Techniques to Your Mediator Toolbox “What is the Value of Closure?”

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...

Self-Determination in Mediation

. 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...

Structuring dispute resolution clauses in international contracts

Harshitha Ram The magnifying global economy largely depends on international business to counter uncertainties in global transactions. A crucial aspect of preserving an enduring business relationship is to choose the right mechanism to resolve disputes. Often...

Negotiation 101: What parties should know about negotiations at the mediation table

By Sheldon J. Stark – Mediator and Arbitrator In the following article, the mediator helps counsel prepare and educate their clients as to the ups and downs of the negotiation process likely to be encountered during the mediation. Introduction For many,...

An old time tactic with a new twist –

Richard L. Hurford An Old Time Tactic with a New Twist-Should Mock Mediations be Considered? A litigation lifetime ago, when jury trials and bench trials were at least ten times more likely to occur than they are today (less than 1% of civil lawsuits...

In Memory of William Louis Weber, Jr.

William Louis Weber, Jr.December 9, 1934 - October 17, 2021 William Louis Weber, Jr., of Kenmore, Washington (formerly from Beverly Hills, Michigan) passed away peacefully surrounded by his beloved wife, Bridget and five devoted children William III and his wife...

Why you should consider joint sessions in your next mediation

By Sheldon J. Stark – Mediator and Arbitrator Introduction1Because no two disputes are precisely alike, the best tools for settling them are probably not the same, either. Fortunately, mediation is a flexible process, which can be tailored to meet the unique aspects...