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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.
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...
Is There a Zoom Mediation in Your Future?
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....
Microaggressions in ADR: It is What It Is
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...
Video Conferencing and Narrative Witness Statements in Commercial Arbitration
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...
Online Dispute Resolution: YOU CAN DO THIS!
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...
Alternative Dispute Resolution in a Virtual World Updated
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)....
The Role of Restorative Practices in Effectively Addressing Gender Discrimination and Harassment in the Workplace
Laura A. Athens - Introduction Numerous federal and state laws prohibit gender discrimination and harassment in the workplace. Under Title VII of the Civil Rights Act of 1964 and state antidiscrimination statutes, an employer must not impose adverse employment...
What Factors to Consider When Selecting an Arbitrator
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...
Mediating Pro Se Prisoner Civil Rights Cases: Mediator Strategy
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...
Facilitating positive change in the workplace
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...
Who Is Bound to An Agreement to Arbitrate?
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...
Arbitration Advocacy
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...
Functus Officio
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...
Overcoming Reluctance to Engage in Mediation
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...
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