Arnold Swartz and Associates

Business and Family Mediation

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Commercial Articles

Commercial Mediation Articles


Interview with Ken Cloke

(2/12/17)Kenneth Cloke

This is the complete interview by Robert Benjamin with Ken Cloke, author and Founder of Mediators Beyond Borders, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Supreme Court Approves Drafting Role for Lawyer Mediators

(2/10/17)Michael Dwyer, Susan Hansen

This article discusses the new Wisconsin Rule Petition 16-04 that expanded the role of lawyer mediators in family law cases.

Mediators Take Note: BBB Complaints Against Mediation.com

(2/09/17)Jim Melamed

At Mediate.com, we receive multiple complaints each week about another company, Mediation.com. These detailed reports from BBB are instructive as to how this other company operates.

Interview with Margaret Shaw

(2/02/17)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.

Secondments in International Arbitration

(1/20/17)John Lande, Daniel Dilor, Raul Pereira de Souza Fleury

Despite the heavy workload, practicing international arbitration can be fun; you are always challenged by disputes arising from a diversity of issues that test your ability to design the best strategy to achieve the best possible outcome for your client, combined with the complexity that a single case can reach and the many instances in which a sovereign State is involved, as in investment and State-to-State arbitration.

Supremes Grant Cert on NLRB Challenge to Class Waiver

(1/20/17)F. Peter Phillips

As has been widely reported, the Supreme Court has granted certiorari to review three conflicting decisions among the circuits on the enforceability of an employer’s unilaterally promulgated waiver of employees’ right to participate in collective redress.

Interview with Homer LaRue

(1/18/17)Homer LaRue

This is the complete interview by Robert Benjamin with Homer LaRue filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

The Role of Ombudsmen and The Recurring Ethical Crisis in the American Financial Services Industry

(1/13/17)Alia Ismail

When recurring ethical crisis in the financial services industry arise, it’s essential to give voice to employees on the lower end of hierarchies in organizational institutions.

4 Things You Should Know About Civil Mediation

(1/06/17)Chris McHallam

While you may already be familiar with the process and its benefits there are a few important facts those considering mediation for a legal issue their business is facing should know.

Renewing And Strengthening Relationships In The New Year

(1/03/17)Patricia Porter

As you enter 2017, reflect and commit to being intentional on the small gifts you can provide to strengthen, honor and acknowledge those important relationships in your life. Here are some ideas to consider.

Stepping Outside of Ourselves

(1/03/17)Phyllis Pollack

Not everyone lives the way we do. And just because someone may do things very differently than we might does not mean that what he alleges as happening is false.

The College Education Expense; How to Share the “Experience”

(1/03/17)Dr. Lynne C. Halem

The question to be answered by all parents—separated or divorced parents, married or unmarried—is: How will the child’s college education be funded? In short, who will pay and how much?

Family Business Disputes

(1/03/17)Joe Markowitz

Problems that arise in running a family business sometimes manifest themselves as legal claims.

Avoiding Court in Business Disputes

(1/03/17)Richard Gertler

As a business owner a lawsuit can be a stressful situation. Fortunately, you have options, even when a dispute appears headed for the courtroom. By working with an experienced mediator, you gain hope of steering a business disaster toward an agreeable — and even amicable — resolution.

Interview with Leonard Riskin

(12/27/16)Leonard Riskin

This is the complete interview by Robert Benjamin with law professor Leonard Riskin filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.

The Truth about Pirate Jenny –why revenge doesn’t solve workplace resentments

(12/23/16)Lorraine Segal

This article discusses why revenge doesn’t solve workplace resentments.

What to Think About When Your Business is Breaking Up

(12/19/16)Jason Dykstra

It is possible to survive a business break-up without conflict destroying you.

NY Times: “Arbitration” = Secretive and Unfair

(12/18/16)F. Peter Phillips

On the front page of a New York Times there was an article reporting on a legal argument that is purportedly being advanced by Wells Fargo in response to claims brought on behalf of thousands of customers in whose name, and without whose knowledge, over 2,000,000 “sham” accounts were established.

CONCUR case in just-published book: Joint Fact Finding in Urban and Environmental Planning Disputes

(12/09/16)Scott McCreary

The article describes CONCUR's Chapter in the book: Desalination in California: The California Coastal Commission Poseidon Joint Fact Finding Process” and provides insight into this JFF process by highlighting quotes from participants involved in the case.

And Then There's Wells Fargo

(12/09/16)Maria Simpson

Internal conflict resolution systems save huge amounts of money for their organizations.

The Scientifically Proven, Step-by-Step Guide to Having a Breakthrough Conversation Across Party Lines

(12/02/16)Lila MacLellan

There seems to be no way around it: In the aftermath of a contentious US presidential election, conversations between voters all along the political spectrum either devolve into shouting matches and insults, or irreconcilable platitudes.

Some Timeless Business Wisdom from Peter Drucker and How It Can Help Your Dispute Resolution Efforts

(11/28/16)Peter Huang

Dealing with disputes effectively is indisputably a core skill for any manager.

A Collaborative Process to Resolve International Business Disputes: Mediation Policy as a Global Business Model

(11/16/16)Christiane Rosenbaum, David Weiss

This is an editorial on real time updates on where we stand on significant policy initiatives affecting the cross border mediation process and what both the ADR and business community should be briefed on.

Let Mediation Help Your Business

(11/11/16)Sandeep Bhalothia

Trust is a crucial factor in development of business; mediation can help in business development by re-sprouting the trust between the affected parties.

Mediation in Multi-billion Dollar Dispute

(11/04/16)Michael Toebe

Two medical-testing firms have a $5.8 billion deal ready to go yet there are serious legal, risk and ethical issues in the way. The firms have agreed to mediation, which is an encouraging sign of progress in corporate business.

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