PREMi Articles

By Lee Hornberger,Arbitrator and Mediator Introduction This article is the second of two parts reviewing selected Michigan appellate cases concerning arbitration. MICHIGAN COURT OF APPEALS–PUBLISHED DECISIONS Pre-award lawsuit concerning arbitrator selection      ...

By Lee Hornberger,Arbitrator and Mediator Introduction This article is the first of two parts reviewing selected Michigan Supreme Court and Court of Appeals cases concerning arbitration. Michigan Supreme Court Decisions Waiver of right to arbitration via case...

  By Lisa W. Timmons, Esq. Introduction The Federal Arbitration Act (FAA), enacted on February 12, 1925, has been a cornerstone of American dispute resolution for a century. It transformed arbitration from a seldom-used alternative into a central feature of the...

  By Sheldon J. Stark – Mediator and Arbitrator Introduction Ex Parte communications are commonplace and completely ethical in the mediation process.  Indeed, where “shuttle diplomacy” is the process model all communication is ex parte.    In this paper,...

  By Lisa W. Timmons, Esq. Arbitration in labor and employment law presents unique challenges which require advocates to be strategic, precise, and respectful of both the process and the participants. Arbitrators in these cases often observe common missteps that...

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...

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...

  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....

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]...