PREMi - Articles

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Don’t Mislead Mediation Participants: What ABA Formal Opinion 518 Teaches Attorney-Mediators

.         By Robert E. L. Wright,Mediator & Arbitrator The Peace Talks, PLC Introduction: Why Opinion 518 Matters Now Mediators routinely operate at the intersection of law, psychology, and negotiation. In court-connected mediation—particularly...

Due Process as a Component of Just Cause in Labor Arbitration

By Lee Hornberger Introduction This article will discuss how arbitrators, treatises, and courts have reviewed employer use of due process before imposing discipline on an employee under a collective bargaining agreement (CBA). The consensus is that employers should...

Professionalism in ADR-The Professional Mediation Advocate

By Michael S. Leib, Mediator and Arbitrator I have observed advocates and mediators who are the epitome of professionals. From them I’ve learned what professionalism looks like in the practice of ADR, whether as advocates or mediators. This article is about what ADR...

Our Professionals

Laura A. Athens

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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