Arnold Swartz and Associates

Business and Family Mediation

720 Kipling St., Suite 200 • Lakewood, CO 80215 • TEL: 303-237-4828 • aswartz@mediate.com
Commercial Articles

Commercial Mediation Articles


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.

Interview with Bill Hartgering

(1/18/16)William E. Hartgering This is the complete interview by Robert Benjamin with William Hartgering, founder of Endispute and a JAMS mediator, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Arbitration in Africa: Past, Present, and Future

(1/15/16)Alexis Martinez This article asks: Why a continent, considered by many to have been the springboard for the unprecedented modern growth in arbitration in Europe and Asia recently went through a significant increase in the number of international arbitrations?

Neutral Evaluation – An Effective ADR Process

(1/04/16)Malcolm Sher Neutral Evaluation is an underused process that is effective for complex cases.

Interview with Michelle LeBaron

(12/21/15)Michelle LeBaron This is the complete interview by Robert Benjamin with Michelle LaBaron, a leading expert on cross cultural dispute resolution issues, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Interview with Leonard Riskin

(12/03/15)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 Continuing Struggle Over Class Action Waivers in Arbitration

(12/01/15)Robert Arrington The issue of mandatory arbitration of employment and consumer disputes continues to be controversial.

A Company That Can’t Make Up Its Mind

(11/30/15)F. Peter Phillips I’m a consumer doing business with a company that can’t seem to make up its mind what the right approach is to handling disputes with its customers.

Need a mediator? Don’t Just Phone-a-Friend! Recommendations alone are not the best way to select a mediator

(11/23/15)Michael Leathes People commonly rely on word of mouth to choose a lawyer, dentist, architect, accountant, surveyor, physician or just about any other professional. Selecting a mediator by word of mouth, however, is most likely not your best choice for a number of reasons.

Building Trust in E-commerce Through Online Dispute Resolution

(11/13/15)Beth Graham In her book chapter, Professor Amy Schmitz analyzes online dispute resolution in the context of both international and domestic business-to-consumer transactions.

Interview with Roger Fisher

(11/09/15)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.

Mediate.com Recognized as "Top 10" Attorney Directory Site!

(11/09/15)Mediate.com Now celebrating our 20th Anniversary, Mediate.com has been recognized as a "Top 10" Attorney Directory by Attorney Rankings. Mediate.com is the overall 9th ranked attorney directory and the only mediation or ADR directory listed.

COA Orders Employment Discrimination Case to Arbitration

(10/30/15)Beth Graham Texas’ 13th District Court of Appeals has ordered an employment discrimination lawsuit to arbitration.
Click here for MORE ARTICLES