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Review of Michigan Appellate Decisions Concerning Arbitration Part 2 of 2

By Lee Hornberger,Arbitrator and Mediator Introduction This article is the second of two parts reviewing selected Michigan appellate cases concerning arbitration. MICHIGAN COURT OF APPEALS–PUBLISHED DECISIONS Pre-award lawsuit concerning arbitrator selection ...

Review of Michigan Appellate Decisions Concerning Arbitration Part 1 of 2

By Lee Hornberger,Arbitrator and Mediator Introduction This article is the first of two parts reviewing selected Michigan Supreme Court and Court of Appeals cases concerning arbitration. Michigan Supreme Court Decisions Waiver of right to arbitration via case...

The 100th Anniversary of the Federal Arbitration Act: A Century of Dispute Resolution

By Lisa W. Timmons, Esq. Introduction The Federal Arbitration Act (FAA), enacted on February 12, 1925, has been a cornerstone of American dispute resolution for a century. It transformed arbitration from a seldom-used alternative into a central feature of the...

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Laura A. Athens

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...

Football fairness: Lessons for ADR?

Joe Basta “It’s not fair!” How many times have mediators and negotiators heard that refrain? Whether from the mouth of the negotiator across the table or the politician seeking higher taxes, everyone wants their “fair share.” But what is ‘”fairness” anyway? Is...

Are they crazy? No, just human!

Richard L. Hurford In last month’s ADR Spotlight, my PREMI colleague, Laura Athens, authored an incredibly insightful and important article on the psychology of conflict and how litigants process information when in conflict. As this discussion goes to the heart of...

Top ten cognitive biases and distortions in mediation

Laura A. Athens “You can’t always get what you want, but if you try sometimes, you get what you need. ”The Rolling Stones, “Let It Bleed,” 1969 - The success of a mediation lies in the willingness to collaborate. Understanding each other’s perspective, needs and...

Lessons from History

Lee Hornberger Introduction The Destruction of the Bismarck,[1] Hell in a Very Small Place: The Siege of Dien Bien Phu,[2] and Vietnam: A History [3] are three books that I read yearly. Bismarck explains how Great Britain, with some confidential background American...