PREMi Articles

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...

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...

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...

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...

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...

  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...

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...

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....

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...

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...

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]...

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...

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...

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,...

 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...

 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...

Harshitha Ram Dispositive motions in Arbitration A dispositive motion in litigation seeks to dispose of or resolve a claim or issue in the case without going to a full hearing. The moving party argues there are no disputed issues of material fact, and they are...

  By Sheldon J. Stark – Mediator and Arbitrator   Part II This is the second part of a two-part article. Part I focused on the fundamental differences between the mediation process and other stages in the litigation process necessitating a different approach...

  By Sheldon J. Stark – Mediator and Arbitrator Part 1 This is the first of a two-part article describing the differences between effective mediation advocacy and more traditional zealous advocacy characteristic of other stages in the litigation process.  Part II...