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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

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...

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