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PREMi Articles
Our articles reflect each members commitment to high professional standards, as well as each members personal commitment to growing their expertise as Resolution Experts.
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....
Let’s Make A Deal: Planning and Managing Concessions – By Joseph C. Basta, Esq.
Joe Basta As a mediator and negotiation coach I am struck by how often parties and their lawyers fail to think through exactly what they wish to achieve in mediated settlement negotiations, much less how they plan to get there. You will set your goals as a negotiator...
The New Michigan Uniform Power of Attorney Act
Laura A. Athens The Michigan Uniform Power of Attorney Act (UPOAA), signed into law by Governor Gretchen Whitmer on November 7, 2023, took effect on July 1, 2024.[1] Michigan has joined 30 other states in adopting this model statute. The Act replaces the prior...
The Power of Mediation in Safeguarding Parental Rights and Combating Neglect and Abuse in Michigan
by Philip Schaedler Introduction In the realm of family law, Michigan, like many other states, grapples with the delicate balance between protecting parental rights and ensuring the safety and well-being of children. Cases involving allegations of parental neglect and...
Michigan Court of Appeals Reverses Circuit Court Vacatur of Public Sector Labor Arbitration Award
By Lee Hornberger, Arbitrator and Mediator Introduction This article reviews Michigan Dep’t of State Police v Michigan State Police Troopers Ass’n, ___ Mich App ___, COA 363241 (December 28, 2023) (Judges Gleicher, Jansen, and Rick), app lv pdg. In Michigan Dep’t...
The Unauthorized Practice of Law in Michigan ADR – A Journey
By Michael S. Leib, Mediator and Arbitrator Introduction In 2023 I was appointed to arbitrate a matter in which an out-of-state resident was a party to the proceedings. The parties had agreed by contract to arbitrate here in Michigan and that Michigan law would...
Mediator/Party Relationships: Creating The Foundation for a Successful Process
By Sheldon J. Stark – Mediator and Arbitrator 1. Introduction When mediators build a relationship with party decision-makers, gaining their trust and promoting their confidence in the mediator and her process, they create the foundation for a successful...
Newly Neutral
By Lisa W. Timmons, Esq. I have been immersed in the field of ADR as both a provider and practitioner for over 25 years. I am probably most widely known as the Executive Director of the Mediation Tribunal Association (MTA). MTA, the once pilot program that resulted in...
Three ADR Options in Domestic Relations Cases in Michigan
by Philip Schaedler Introduction Alternative Dispute Resolution (ADR) has gained significant importance in the realm of domestic relations cases, providing a more collaborative, compassionate, and efficient way to resolve conflicts compared to traditional litigation....
What the Best Lawyers and Mediators Do with an Unsuccessful Mediation
By Paul F. Monicatti - Most disputes will settle as a result of mediation when all parties voluntarily participate in good faith, share the same objective of settlement, consider different points of view with an open mind, and are willing to compromise after...
Practice Tips for a Successful Mediation
By William D. Gilbride Jr. This article was first published in the Oakland County Legal News on November 21, 2023. Practice Tips for a Successful Mediation Because facilitative mediation has been demonstrably successful in resolving disputes, many courts presiding...
Mediator Ethics and Ethical Dilemmas
By Antoinette R. Raheem MEDIATOR ETHICS AND ETHICAL DILEMMAS While professional ethics for attorneys are required subjects in law schools, ethics for mediators receive much less attention. In most Michigan law schools, the Michigan Mediator Standards of Conduct[1]...
Important Considerations for Sexual Harassment Mediation
By Earlene R. Baggett-Hayes It is an undisputed fact that one can compose a dissertation on workplace sexual harassment mediation and fail to give it justice,. proper attention,. or the thorough analysis it deserves. This article will briefly address a few of the...
Virtual Is Reality: Zoom Mediation Is Here To Stay
Joe Basta One of the few benefits of Covid may be discovery of virtual reality’s utility for dispute resolution. What was born of necessity has now become routine. Zoom[1] appears to be the default for mediation. And now that we are post-pandemic, and no longer under...
Confidently Eliminate Depositions in Arbitration through use of Written Witness Statements
Jerome F. Rock - Arbitration is proven to be more efficient and cost effective than conventional judicial litigation. Because Arbitration is consensual, it is flexible and easily adapted to the particular needs of each case. Arbitration offers a range of tools,...
Trauma-informed Care in Mediation – Part 2
Laura A. Athens - Part 1 of this article, which appeared in the May issue of the ADR Spotlight, described the types of trauma, the prevalence and impact of trauma, and provided an overview of trauma-informed care. Part 2 of this article focuses on utilizing a...
Trauma-informed Care in Mediation – Part 1
Laura A. Athens - Trauma-informed Care in Mediation – Part 1[1] by Laura A. Athens The paradox of trauma is that it has both the power to destroy, and the power to transform and resurrect. Peter A. Levine, Ph.D. Most of us have faced trauma at some point in our...
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