Arnold Swartz and Associates

Business and Family Mediation

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Commercial Articles

Commercial Mediation Articles


Interview with Terry Wakeen

(7/19/16)Teresa Wakeen This is the complete interview by Robert Benjamin with well-known Seattle Mediator Terry Wakeen filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.

The Differential of Mediation in Contracts of Insurance and Reinsurance

(7/15/16)Andrea Maia, Vivien Lys Porto Ferreira da Silva The current issue consists on identifying the effectiveness of insertion of clauses of mediation in contract of insurance and reinsurance in corporate law and consumer law, exclusively in private mediation.

Can Intellectual Property Disputes Be Resolved Privately—Sure, Why Not?

(7/15/16)Dixon Dern I recently met with a group of entertainment attorneys (like myself) here in Los Angeles, some of whom were also considering entering the arbitration field. A significant number of these attorneys did not understand that copyright infringement and other intellectual property disputes can be arbitrated or mediated.

Interview with Roger Fisher

(6/27/16)Roger Fisher This is the complete interview by Robert Benjamin with Roger Fisher, author of 'Getting to Yes' and other negotiation and dispute resolution books and founder of the Harvard Project on Negotiation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.

Trouble at the Top: Why CEOs Don't Use Mediation

(6/06/16)Katherine Graham The C-suite, the Board, senior management – call it what you will, those at the top of an organisation are as prone to conflict as the rest of us. But even more than the staff base, senior management are reluctant to use mediation.

How to Better Solve Your Consumer Disputes

(6/06/16)Michael Toebe When consumer disputes evolve, the perception and at times, reality is it's a push-resistance equation. Emotions escalate. Judgments, yet not resolution, rule.

Revelling in the Pause: Creating Sustainable, Connected Working Relationships

(6/06/16)Jennifer Mahony Mediation is about revelling in the pauses, honouring them, leaning into them. It is about slowing down, about being purposeful in everything that is said and done.

Compared to What?

(5/27/16)John Lande Although public perceptions are important indicators about the functioning of the court system, they are subject to biases and should be supplemented with other indicators.

Pre-litigation Dispute Resolution

(5/27/16)Joe Markowitz More evidence that the practice of law has changed in fundamental ways: Employee representatives agreed that they prefer to resolve employer-employee disputes without litigation if possible.

Interview with Michael Lewis

(5/22/16)Michael Lewis This is the complete interview by Robert Benjamin with Michael Lewis, a long-time leader in the field of mediation, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Series.

Curbing the Runaway Arbitrator in Commercial Arbitration

(5/14/16)Beth Graham Arbitration is in crisis. Under fire as an oppressive, claim-suppressing method of dispute resolution, imposed by businesses upon unsuspecting employees and consumers, arbitration is also becoming increasingly unpopular with its original designers – businesses in commercial disputes with other businesses

The Arbitration Bootstrap

(5/06/16)Beth Graham Professor Leslie examines the legislative intent behind the Federal Arbitration Act and argues the law was never meant to be applied to consumer contracts.

How to Influence, and Direct, Parties in a Mediation

(4/29/16)Katherine Graham Workplace mediators are able to influence the way the parties approach the content, interaction and process of their conflict. And they do this by selecting an intervention from a “continuum of power and influence” which moves from indirect through direct to coercive.

Interview with Margaret Shaw

(4/18/16)Margaret Shaw This is the complete interview by Robert Benjamin with New York based JAMS mediator Margaret Shaw filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.

Interview with Jim Coben

(4/14/16)James Coben This is the complete interview by Robert Benjamin with Jim Coben, long-time former director of the Hamline University Conflict Resolution Program, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Data will defeat “the deadening drag of status quoism” The Global Pound Conference Series has kicked off

(4/04/16)Michael Leathes The goal of the GPC Series 2016-17 is to provide the core global data needed to address the causes and remedies of user dissatisfaction with dispute resolution.

Interview with Sid Lezak

(3/14/16)Sid Lezak This is the complete interview by Robert Benjamin with former US Attorney and mediator Sid Lezak shortly before his death as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Interview with Howard Bellman

(3/04/16)Howard Bellman This is the complete interview by Robert Benjamin with Howard Bellman, a long-time leader in the field of labor-management mediation and mediation in the public sector generally, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Sidestepping Mediation Confidentiality

(3/04/16)Phyllis Pollack Once again, the Ninth Circuit has sidestepped discussing the contours of mediation confidentiality in federal lawsuits based on diversity jurisdiction.

“If I could just get the relevant parties into the room…”

(3/04/16)Nancy Shuger This article addresses the question of how a mediator can bring disputing parties to the table when only one has expressed interest in mediation.

Interview with Peter Robinson

(2/29/16)Peter Robinson This is the complete interview by Robert Benjamin with Peter Robinson, Co-Director of the Straus Institute for Dispute Resolution at Pepperdine University School of Law, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Interview with David Hoffman

(2/16/16)David A. Hoffman This is the complete interview by Robert Benjamin with David Hoffman, founder of The Boston Collaborative and former President of the ABA Dispute Resolution Section, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

The Minefield of Fee Disputes – It’s Not Just About Fees

(2/12/16)Malcolm Sher, Jobi Halper Fee disputes pose a minefield for attorneys. Cautiously stepping through disputes may maximize your ability to retain or recover fees, while avoiding a malpractice claim or State Bar complaint.

Help Shape the Next Generation of Mediators!

(2/05/16)Angela Herberholz Wherever we look, there is a variety of articles, blogs, keynotes and workshop topics all talking about the necessity to develop future leaders, understand the next generation(s) and attract the right talents. The mediation profession is no exception.

Negotiating in Istanbul's Grand Bazaar

(1/22/16)John Sturrock Negotiating in Istanbul’s Grand Bazaar is an experience to relish. I’ve recently returned from three days in that wonderful city. We found an engaged and enthusiastic audience and much interest in the issues which we have all faced – and continue to face – in many jurisdictions.
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