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Thoughts on the Mediator’s Proposal

By William D. Gilbride Jr. This article was first published in the Oakland County Legal Newson November 2024. Mediation is a private, voluntary dispute resolution process in which a neutral third party--either appointed by a court or invited by all parties to the...

Adverse Inferences in Arbitration

By Lee Hornberger,Arbitrator and Mediator This is an overview of adverse inferences in labor arbitration. This includes reviewing provider organization rules, labor arbitration awards, case law, and treatises on labor arbitration. American Arbitration Association...

The Role of a Process Arbitrator: Enhancing Efficiency and Collaboration

  By Lisa W. Timmons, Esq. Arbitration, traditionally viewed as a streamlined alternative to court, is widely used in commercial, construction, and international disputes. Its appeal lies in its perceived efficiency, confidentiality, and potential cost savings....

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Laura A. Athens

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...

Functus Officio

  By William D. Gilbride Jr. One area of the law that has recently received some noteworthy attention is the arbitration doctrine of functus officio. The doctrine of functus officio provides that an arbitrator’s duties are generally discharged upon the rendering of a...

Overcoming Reluctance to Engage in Mediation

  Laura A. Athens Many attorneys know and appreciate the benefits of mediation. Those who are familiar with the benefits of mediation readily propose and eagerly participate in it. However, if you encounter resistance, how can you address it. You do what any good...

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