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The Unauthorized Practice of Law in Michigan ADR – A Journey

By Michael S. Leib, Mediator and Arbitrator Introduction In 2023 I was appointed to arbitrate a matter in which an out-of-state resident was a party to the proceedings. The parties had agreed by contract to arbitrate here in Michigan and that Michigan law would...

Mediator/Party Relationships: Creating The Foundation for a Successful Process

By Sheldon J. Stark – Mediator and Arbitrator 1. Introduction When mediators build a relationship with party decision-makers, gaining their trust and promoting their confidence in the mediator and her process, they create the foundation for a successful...

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...

Our Professionals

Laura A. Athens

Microaggressions in ADR: It is What It Is

Earlene R. Baggett-Hayes Writing articles on ADR is considered as one of the many opportunities for imparting information on specific ADR subjects, expanding tool kits for effective ADR performance, and embellishing one’s ADR career. Recently, in reviewing potential...

Video Conferencing and Narrative Witness Statements in Commercial Arbitration

Jerome F. Rock - As an Arbitrator, I have long encouraged the use of Narrative or Written Witness Statements as a vehicle for introducing the direct testimony of witnesses under the control of a party at the Arbitration Hearing. Responding to...

Online Dispute Resolution: YOU CAN DO THIS!

Robert E. L. Wright Online Dispute Resolution (“ODR”) may refer to any form of alternative dispute resolution conducted with the aid of a computer. Two in particular, mediation and arbitration, are proceeded by a variety of...

Alternative Dispute Resolution in a Virtual World Updated

Martin C. Weisman Well before the current pandemic crisis, I wrote an article entitled “Alternative Dispute Resolution in a Virtual World” published June 26, 2019 in the Detroit Legal News and reprinted with permission on the PREMI website (www.premiadr.com)....

What Factors to Consider When Selecting an Arbitrator

Martin Weisman In 2013, the American Arbitration Association amended its Commercial Rules and in 2014 the Michigan Legislature adopted the Revised Uniform Arbitration Act ("MCLA 691.1681, et seq.). These two new sets of rules increased the efficiency of the...

Mediating Pro Se Prisoner Civil Rights Cases: Mediator Strategy

Earlene R. Baggett-Hayes It is often said that effective mediators can mediate cases ranging from day-care center disputes to foreign affairs conflicts. Somewhere within that continuum of cases are conflicts brought by prisoners against prisons and other related...

Facilitating positive change in the workplace

Laura A. Athens Facilitation can be an invaluable tool to promote a positive work environment and prevent escalation of employment disputes. In contrast to mediation, which focuses on disputes that have reached an impasse or resulted in filing of a formal...

Who Is Bound to An Agreement to Arbitrate?

By William D. Gilbride Jr. In some circumstances, non-signatories to agreements mandating arbitration can be compelled to have their complaints decided in arbitration. This article describes five situations in which a non-signatory to the arbitration agreement may...

Arbitration Advocacy

Martin Weisman Arbitrations are meant to be cost efficient, quick and more informal than courtroom litigation. However, many litigators seem to forget that. Arbitration pre-hearing conference orders often include phrases such as “the rules of evidence will be...