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Civil Mediation with Pro-Se Parties

By William D. Gilbride Jr. Occasionally a Court will send over a civil case for facilitative mediation.  The order arrives and names are reviewed for the purposes of conflict checks and disclosures.  You may notice that one or more of the parties is not represented by...

The Case for Restorative Justice in Michigan’s Juvenile Justice System – Risks and Benefits

by Philip Schaedler Michigan is undergoing fundamental changes in its juvenile justice system. Driven by the 2024 legislative reforms and the dedicated efforts of the Michigan Task Force on Juvenile Justice Reform, the state is embracing a new philosophy: restorative...

An Overview of Labor Arbitration

By Lee Hornberger,Arbitrator and Mediator Introduction This article provides an overview of labor arbitration under collective bargaining agreements. Major features of labor arbitration Labor arbitration is a positive alternative to industrial strife, strikes, and...

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Laura A. Athens

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...

Pre-Hearing Third Party Discovery in Arbitration

  By William D. Gilbride Jr. Published: ADR Spotlight October 2020 What is the authority of an arbitrator to issue third-party subpoenas for the pre-hearing production of documents and to compel deposition testimony in a matter where the parties’ inter se arbitration...

9 PREMi Lawyers named SUPER LAWYERS

  SUPER LAWYERS, a national publication that selects attorneys nominated by their peers, evaluated by third party research and reviewed by a highly credentialed blue-ribbon panel of attorneys has named nine PREMi members as SUPER LAWYERS. Those honored include: GENE...

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