PREMi - Articles

News, Updates, & Resources

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

Co-mediation: “Shall we dance?”

By Earlene R. Baggett-Hayesand Joyce A. G. Mitchell Co-mediation is a conflict resolution approach that has many similarities to the tango. The tango is a ballroom and social dance that originated in the 1880s along the border between Uruguay and Argentina. While the...

“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...