PREMi Articles

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...

By Lee Hornberger This article discusses Michigan AFSCME Council 25 v Wayne Co, unpublished opinion of Court of Appeals (COA), issued April 21, 2022, Docket Nos 356320 and 356322, lv app pdg, in light of Steelworkers Trilogy [Steelworkers v Warrior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,...

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...

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...

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...

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...

By Earlene R. Baggett-Hayesand Joyce A. G. Mitchell Co-mediation is a conflict resolution approach that has many similarities to the tango. The tango is a ballroom and social dance that originated in the 1880s along the border between Uruguay and Argentina. While the...

By Antoinette Raheem Many of us cannot count the number of times we have looked at the day’s news, been saddened, discouraged and sometimes overwhelmed by it, and felt helpless to do anything about what we witnessed.  Our feeling of helplessness no doubt arose from...

By Lisa Taylor For those attorneys who thrive only when they are enmeshed in the combat of litigation, this article is not for you. Although I have been an attorney for over 30 years, I became a full-time mediator 14 years ago to focus on settlement instead of...

  By Sheldon J. Stark – Mediator and Arbitrator   This is the first in a series of “From the Field” columns describing mediator techniques you might find useful in your own practice.  I call this issue’s technique “The Value of Closure.”  I learned it from...

.         By Robert E. L. Wright, Mediator & Arbitrator... First Appearing in the Oakland County Legal News May 2022. Allowing parties to make their own choices and come to their own decisions regarding the outcome of a dispute is a fundamental...

Harshitha Ram The magnifying global economy largely depends on international business to counter uncertainties in global transactions. A crucial aspect of preserving an enduring business relationship is to choose the right mechanism to resolve disputes. Often...

  By Sheldon J. Stark – Mediator and Arbitrator   In the following article, the mediator helps counsel prepare and educate their clients as to the ups and downs of the negotiation process likely to be encountered during the mediation. Introduction For many,...

      Richard L. Hurford An Old Time Tactic with a New Twist-Should Mock Mediations be Considered? A litigation lifetime ago, when jury trials and bench trials were at least ten times more likely to occur than they are today (less than 1% of civil lawsuits...

  William Louis Weber, Jr.December 9, 1934 - October 17, 2021 William Louis Weber, Jr., of Kenmore, Washington (formerly from Beverly Hills, Michigan) passed away peacefully surrounded by his beloved wife, Bridget and five devoted children William III and his wife...

  By Sheldon J. Stark – Mediator and Arbitrator Introduction1Because no two disputes are precisely alike, the best tools for settling them are probably not the same, either. Fortunately, mediation is a flexible process, which can be tailored to meet the unique aspects...

   Joe Basta “It’s not fair!” How many times have mediators and negotiators heard that refrain? Whether from the mouth of the negotiator across the table or the politician seeking higher taxes, everyone wants their “fair share.” But what is ‘”fairness” anyway? Is...