Blogs

Chair's Corner

By ADR Section Newsletter posted 06-29-2023
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Ed Pappas, Chair By Ed Pappas, Chair Mediators play an important role in helping parties resolve their disputes in a civil, respectful and peaceful manner, but not all parties have access to, or the ability to pay for, mediators to help them resolve their disputes. I believe that lawyers have a responsibility to provide services to those who cannot otherwise afford an attorney. In fact, rule 6.1 of the Michigan Rules of Professional conduct specifically provides that: A lawyer should render public interest legal services. A lawyer may discharge this responsibility by providing professional services at no fee or a reduced fee to persons of limited ...
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Rethinking Party Safety in Online Mediation

By ADR Section Newsletter posted 06-29-2023
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By Dee Williams, Research Associate The following is a summary of an article that Dee Williams prepared for Resolution Systems Institute. The COVID-19 pandemic has led to online mediation becoming far more common in family cases than it was previously. This shift from in-person to video mediation has both benefits and potential pitfalls when it comes to participant safety, as discussed in a recent article by Erin R. Archerd. In her Winter 2022 Stetson Law Review article, “Online Mediation and the Opportunity to Rethink Safety in Mediation,” Archerd describes some of the security benefits and challenges of mediating online, recommends steps mediators ...
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A Litigator’s Guide to Mediation Advocacy: Reflections on Effectively Achieving Client Goals at the Mediation Table

By ADR Section Newsletter posted 06-29-2023
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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 to advocacy in order to be most effective. a. Search for Common Ground No matter how deep their differences, no matter how entrenched in their positions, no matter how escalated their emotions, parties often share common ground, areas of agreement overlooked or drowned out by the dispute. Before the termination, for example, the former employee may have loved working for the company; and the ...
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The Stories Michigan Personal Injury Lawyers Tell—The role of tangible and intangible interests in resolving personal injury disputes

By ADR Section Newsletter posted 06-29-2023
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By Maria Cudowska This article builds upon a qualitative empirical study relative to compassionate counselling practices in personal injury disputes in Michigan, with an emphasis on tangible and intangible interests of personal injury clients. The article intends to draw attention to observations made by Michigan Lawyers on account of communication in personal injury disputes . [i] Maya Angelou once famously said that people will forget what you said and did, but they will never forget how you made them feel. Taking a life of its own and possibly being Angelou’s best quote ever, I took the opportunity to reflect on Angelou’s timeless wisdom through ...
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An Interview with Our Friend, Sheldon J. Stark, Esquire

By ADR Section Newsletter posted 06-29-2023
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By Michael S. Leib and Robert Wright Shel Stark recently retired—for the fourth time. Not many of us have four professional careers. Yet Shel did, each marked by passion, excellence, and sharing. We recently had the opportunity to speak with Shel about his life and careers. Here is a short (necessarily so given space requirements) look at Shel’s fascinating professional journey. Born in Detroit, his early life journey included stops in Chicago, Flint, and Port Huron. He graduated from Port Huron High School in 1962, the University of Michigan in 1966, and the University of Detroit School of Law in 1973. While in law school, Shel worked full-time during ...
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Michigan Arbitration and Mediation Case Law Update

By ADR Section Newsletter posted 06-29-2023
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By Lee Hornberger, Arbitrator and Mediator This update reviews Michigan appellate decisions issued since January 6, 2023, concerning arbitration and mediation. ARBITRATION Supreme Court Decisions Supreme Court reverses COA concerning shortened limitations period. McMillon v City of Kalamazoo , ___ Mich ___, MSC 162680 (January 11, 2023). Plaintiff applied for job with City of Kalamazoo in 2004. She completed application, but did not get job. In 2005, City contacted her about job as Public Safety Officer, and she was hired. She did not fill out another application. In 2019, Plaintiff sued City, alleging employment issues. City moved for summary ...
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From the Field: Adding Techniques to Your Mediator Toolbox Effective Closing Techniques

By ADR Section Newsletter posted 06-29-2023
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By Sheldon J. Stark, Mediator and Arbitrator Introduction We are often selected as mediators because we have the skills needed to assist parties in reaching satisfactory resolution. A common tool is the mediator proposal discussed in a previous From the Field. In this column, you will find five additional closing techniques effective in closing the deal. “Would You Take If They Would Pay/ Would You Pay If They Would Take? One of my personal favorites, this technique is effective when negotiations continue but have slowed to small, painful increments resulting in hostility and consternation. Where to start depends on the unique dynamics of each ...
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Steps to Ensure Your Workers’ Compensation is Not Denied by the Insurer

By Bianca Bogen posted 07-28-2021
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An accident at work could result in some bumps and bruises or something far more severe, such as a life-altering injury that means you can never return to work. For injuries that require you to take time off work to recover, a workers’ compensation claim is essential. However, it can be a challenging process for novices. Getting a workers’ compensation payout relies on you fulfilling procedures mandated by law. Having a successful claim is possible if you comply with the rules and follow these steps: Report immediately Many insurance lawyers listed on USAttorneys.com report that the most substantial challenge they face in securing a successful workers’ ...
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Legal Counsel if Your House is Illegally Searched or Seized

By Bianca Bogen posted 07-07-2021
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Maybe you are facing criminal charges and are under investigation, and the police pitch up at your property and demand entry. If they aren’t able to produce a search warrant, they’re entering illegally and you realize you need the help of a lawyer. Find certified lawyers to help you Do you know that there are instances when the police don’t need a warrant to enter your home? But what about the Fourth Amendment of the Constitution? It protects people from unreasonable searches by law enforcement officers. An unreasonable search without a warrant violates your constitutional right. This is when you need police brutality lawyers from USAttorneys.com, ...
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How Law Education Gives Wings to Your Career

By Bianca Bogen posted 06-10-2021
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Starting a career in law requires commitment but investing time and energy in obtaining an education in law offers many benefits. A law degree is highly regarded and gives you some great career options. Lawyers are always needed and in certain areas of law, like employment law, they are more in demand than ever, with many people switching to remote working. Even if you do not end up practicing law, your skills will be in demand in many other professions. It offers many career options Areas of law, such as bankruptcy law, employment law, intellectual property law and environmental law, are always in demand, no matter what the state of the economy. ...
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Career Options if You Need Action and Adventure in Your Life

By Bianca Bogen posted 05-18-2021
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For many people, working at a job that isn’t physically engaging or mentally challenging can lead to boredom over time and affect their happiness and careers. People who enjoy trying out new things, seeing new people, and exploring can also be negatively affected should they work on a stationary non-engaging job. That is why we’ve created a list of the best jobs that will satisfy the action seeker and adventurer in almost everyone. Read on to find out what these jobs are Join executive protection Working as an executive protection agent is the best fit for someone who enjoys action and adventure as you get to travel while protecting lives. Contrary to ...
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Legal professions that will help you gain experience while still in law school

By Bianca Bogen posted 05-10-2021
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Most people think of attorneys when they consider a legal profession. Still, until you manage to put yourself through law school and get that degree, there are a variety of other rewarding law professions that you can follow in order to gain more experience. The best thing is, all of these can be done part-time, so you can focus on finishing law school and have some active involvement in the field until then. Many successful lawyers started as paralegals or mediators and worked their way up to become partners at prestigious law firms, so who knows what these experiences may bring. So, without further ado, here are some professions in the legal field ...
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How to Build the Perfect Rapport with Your Boss

By Bianca Bogen posted 04-27-2021
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For a company to be successful, respectful relationships between a boss and their employees are vital. Creating a good rapport with your boss will ensure that you have a conducive working environment. Apart from smooth operations, you may enjoy the benefit of advancement opportunities as an employee if you are always on good terms with your boss. If you are looking for a rapport that goes beyond "we get along fine" with your boss, here are pointers to building your stronger alliance with your boss. Remember your boss is human too It's rare to find a boss without a professional game face-on and with a to-do list a mile long. In most cases, they focused ...
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5 Advantages of Green Electric Scooters

By Bianca Bogen posted 04-25-2021
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Green electric scooters, also known as e-scooters, have grown quite popular in most large cities across the world today. The simple, fast, cost-effective, and eco-friendly scooters provide a more private mode of transport that’s currently being encouraged by governments all over the world today in an effort to combat the spread of the COVID-19 pandemic. So, what are green electric scooters and what benefits do they provide to users? A green electric scooter is an eco-friendly two-wheeler mode of transport that uses electricity rather than fossil fuels for propulsion. It’s an easy-to-use scooter that only requires you to charge it from a power outlet and ...
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Legal Action After Losing Your Loved One in a Motorcycle Accident

By Bianca Bogen posted 03-14-2021
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The pain of losing a loved one is unbearable and although money can’t bring the close friend or relative back to life, finding justice for them can bring some solace. In the US, each year, many cases involving fatal motorcycle accidents go by without being solved or getting dismissed as they are not pursued rigorously. Trying to escape this repetitive cycle takes some doing but it is not impossible. Here are some legal steps that you can take after losing a loved one in a motorcycle accident to find justice by winning their case. Gather all records of the accident As soon as you have heard about the accident, try to gather as much detail as possible. ...
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How Can Mugshots on The Internet Jeopardize Your Career

By Bianca Bogen posted 01-26-2021
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If you get arrested, the police will likely post your mugshot for ease of identification. Once you are taken to court and your case is dismissed or you serve your full sentence, you are entitled by law to have your mugshot removed unless it was a serious crime. It is not always easy to remove mugshots because other people can upload your mugshot on their websites either to attract attention from visitors or for their special reasons, and this can ruin your career in several ways. Employers will search your name online After your name is expunged from the police records and you are set free, you might want to seek employment again. Before your future ...
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Why would a personal injury lawyer refuse your case?

By Bianca Bogen posted 01-05-2021
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There are times when you have to take no for an answer. You are injured, but it’s not your fault. You visited the doctor for what should have been a simple procedure, but something happened, and you are worse off now than when you first saw the hospital. Or maybe you slipped on ice in front of the grocery store, broke one of your legs, and you can no longer work because you cannot leave your house. However, you are confident that the accident was not your fault and deserve compensation for your pain and inconvenience. But sadly, the local law firm refuses to take your case, and you cannot understand why they decline the claim. This article will explain ...
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How to Handle a Car Accident

By Bianca Bogen posted 12-21-2020
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Unfortunately, car accidents are common around the world. There are many dangerous roads out there, and drivers don’t take enough responsibility of being 100% careful. Car accidents can result in devastating personal injuries or even death. Indeed, driving can be annoying – there are large cities, with long streets, which makes it hard for drivers to accommodate with. If you don’t know the road, you’re likely to get confused because of the highways and different names of the streets. Most car accidents happen because of driver’s negligence, but it can also happen to the most cautious driver. In this article, we’ll explain how to handle a car accident. Safety ...
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Avoid these mistakes when hiring a lawyer

By Bianca Bogen posted 12-21-2020
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If you are dealing with an issue that requires legal representations, you’ve got to begin your hunt for the right lawyer. However, the process of hiring a good lawyer is anything but easy considering there are so many professionals out there ready to offer you their services. If you’ve never done this before, it can turn into a slow and cumbersome process and you risk choosing a lawyer who might make matters worse instead of helping you settle your legal issues. To make sure you’re not going to regret your decision later, try to avoid these common mistakes when hiring a lawyer . Believing without checking Many lawyers have very convincing websites, ...
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How Do I Get an Inmate Transferred

By Bianca Bogen posted 12-13-2020
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You might be surprised to learn that there is quite a process behind which an inmate is housed in after they are sentenced. To put it simply, the system doesn’t just place inmates anywhere they have an available bed. Instead, there is a process known as “Receiving and Orientation” or “Classification” where inmates are evaluated when they’re first placed into the custody of the Department of Corrections or Federal Bureau of Prisons. There are several determining factors in how an inmate is housed in to serve their sentence, including the location of the crime, the length of the sentence, the nature of the crime committed (violent, non-violent, sexual, or drug-related), ...
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