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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.
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...
Dispositive Motions in Arbitration: Strategies and Best Practices
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...
A Litigator’s Guide to Mediation Advocacy: Reflections on Effectively Achieving Client Goals at the Mediation Table – Part 2
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...
A Litigator’s Guide to Mediation Advocacy: Reflections on Effectively Achieving Client Goals at the Mediation Table – Part 1
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...
Michigan AFSCME Council 25 v Wayne Co: A saga of Steelworkers Trilogy, Michigan Family, and Gavin
By Lee Hornberger This article discusses Michigan AFSCME Council 25 v Wayne Co, unpublished opinion of Court of Appeals (COA), issued April 21, 2022, Docket Nos 356320 and 356322, lv app pdg, in light of Steelworkers Trilogy [Steelworkers v Warrior Gulf Navigation Co,...
Reflections on Civility and Ethics
By Lee Hornberger This article discusses some civility and ethical issues we experience in our professional practices. While accepting the Republican presidential nomination on July 16, 1964, Senator Barry Goldwater said: “I would remind you that extremism in the...
In Lichon, The Michigan Supreme Court Changed the Test for the Scope or Arbitration
By William D. Gilbride Jr. Published: ADR Spotlight December 2022 An age-old inquiry in ADR is under what circumstances must a party’s legal claims be dismissed from court and heard and decided in binding, unappealable arbitration. Over the years, several ground...
10 Negotiation Tips to Prompt Others to Assist You in Satisfying Client Goals
Paul F. Monicatti - Professors James J. White and Harry T. Edwards, in their 1977 seminal text The Lawyer as a Negotiator, called it the “The Art of Negotiation”. Howard Raiffa titled his 1982 book The Art and Science of Negotiation. And in 2008, Barry Goldman...
An Emerging Trend to Replace Direct Testimony with Written Narrative Witness Statements in Commercial Arbitration
Jerome F. Rock - A foundational principle of Arbitration is that it based on an agreement between the parties to submit their dispute for a binding decision by a neutral third party. The Federal Arbitration Act and companion state laws provide basic requirements...
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