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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.
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...
Co-mediation: “Shall we dance?”
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...
“The Next Level for ADR”
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...
Encourage early-stage mediation to build your practice and help families
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...
FROM THE FIELD: Adding Techniques to Your Mediator Toolbox “What is the Value of Closure?”
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...
Self-Determination in Mediation
. 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...
Structuring dispute resolution clauses in international contracts
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...
Negotiation 101: What parties should know about negotiations at the mediation table
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,...
An old time tactic with a new twist –
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...
In Memory of William Louis Weber, Jr.
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...
Why you should consider joint sessions in your next mediation
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...
Football fairness: Lessons for ADR?
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...
Are they crazy? No, just human!
Richard L. Hurford In last month’s ADR Spotlight, my PREMI colleague, Laura Athens, authored an incredibly insightful and important article on the psychology of conflict and how litigants process information when in conflict. As this discussion goes to the heart of...
Top ten cognitive biases and distortions in mediation
Laura A. Athens “You can’t always get what you want, but if you try sometimes, you get what you need. ”The Rolling Stones, “Let It Bleed,” 1969 - The success of a mediation lies in the willingness to collaborate. Understanding each other’s perspective, needs and...
Lessons from History
Lee Hornberger Introduction The Destruction of the Bismarck,[1] Hell in a Very Small Place: The Siege of Dien Bien Phu,[2] and Vietnam: A History [3] are three books that I read yearly. Bismarck explains how Great Britain, with some confidential background American...
Pre-Hearing Third Party Discovery in Arbitration
By William D. Gilbride Jr. Published: ADR Spotlight October 2020 What is the authority of an arbitrator to issue third-party subpoenas for the pre-hearing production of documents and to compel deposition testimony in a matter where the parties’ inter se arbitration...
9 PREMi Lawyers named SUPER LAWYERS
SUPER LAWYERS, a national publication that selects attorneys nominated by their peers, evaluated by third party research and reviewed by a highly credentialed blue-ribbon panel of attorneys has named nine PREMi members as SUPER LAWYERS. Those honored include: GENE...
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