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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...

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...

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Laura A. Athens

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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