PREMi Articles

  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...

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...

  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...

  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...

  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...

  By Sheldon J. Stark – Mediator and Arbitrator During the state of emergency, courts have been working at less than full capacity. While no two courts are the same, none have conducted business as usual since mid-March, and there will likely be backlogs as a result....

  Earlene R. Baggett-Hayes Writing articles on ADR is considered as one of the many opportunities for imparting information on specific ADR subjects, expanding tool kits for effective ADR performance, and embellishing one’s ADR career. Recently, in reviewing potential...

                    Jerome F. Rock - As an Arbitrator, I have long encouraged the use of Narrative or Written Witness Statements as a vehicle for introducing the direct testimony of witnesses under the control of a party at the Arbitration Hearing. Responding to...

              Robert E. L. Wright Online Dispute Resolution (“ODR”) may refer to any form of alternative dispute resolution conducted with the aid of a computer. Two in particular, mediation and arbitration, are proceeded by a variety of...

    Martin C. Weisman Well before the current pandemic crisis, I wrote an article entitled “Alternative Dispute Resolution in a Virtual World” published June 26, 2019 in the Detroit Legal News and reprinted with permission on the PREMI website (www.premiadr.com)....

    Martin Weisman In 2013, the American Arbitration Association amended its Commercial Rules and in 2014 the Michigan Legislature adopted the Revised Uniform Arbitration Act ("MCLA 691.1681, et seq.). These two new sets of rules increased the efficiency of the...

  Earlene R. Baggett-Hayes It is often said that effective mediators can mediate cases ranging from day-care center disputes to foreign affairs conflicts. Somewhere within that continuum of cases are conflicts brought by prisoners against prisons and other related...

  Laura A. Athens Facilitation can be an invaluable tool to promote a positive work environment and prevent escalation of employment disputes. In contrast to mediation, which focuses on disputes that have reached an impasse or resulted in filing of a formal...

  By William D. Gilbride Jr. In some circumstances, non-signatories to agreements mandating arbitration can be compelled to have their complaints decided in arbitration. This article describes five situations in which a non-signatory to the arbitration agreement may...

  Martin Weisman Arbitrations are meant to be cost efficient, quick and more informal than courtroom litigation. However, many litigators seem to forget that. Arbitration pre-hearing conference orders often include phrases such as “the rules of evidence will be...

  By William D. Gilbride Jr. One area of the law that has recently received some noteworthy attention is the arbitration doctrine of functus officio. The doctrine of functus officio provides that an arbitrator’s duties are generally discharged upon the rendering of a...

  Laura A. Athens Many attorneys know and appreciate the benefits of mediation. Those who are familiar with the benefits of mediation readily propose and eagerly participate in it. However, if you encounter resistance, how can you address it. You do what any good...