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Commercial Articles

Commercial Mediation Articles

Diversity and Mediation

(10/21/16)Ariel Belen Imagine two parties locked in a bitter and acrimonious dispute that has gone through six years of hotly contested litigation. At issue are the ownership and control of at least a dozen commercial and residential properties valued in the tens of millions of dollars.

Looking to the Future: Is There Still A Place For Proactive, Early Intervention Mediation in Our Changing Field?

(10/17/16)Nina Meierding The author is hopeful that mediators, participants, and attorneys will re-examine the trend of late intervention, lawyer-centric mediation and bring pro-active, early mediation back as one of the important focuses of the mediation field.

FINRA Dispute Resolution Makes Great Progress on Implementing Task Force Recommendations

(10/14/16)Jill Gross In December 2015, a FINRA Dispute Resolution Task Force issued its Final Report and Recommendations for improvements to the administration of its forum and its ADR processes.

Interview with Randy Lowry

(10/10/16)L. Randolph Lowry This is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus Institute for Dispute Resolution at Pepperdine, filmed as part of's 'Views from the Eye of the Storm' Video Series.

Making Mediation Sexy?!

(10/07/16)Sabine Walsh It’s that time of year again! Mediation Awareness Week is about to kick off in Ireland, the UK and many other countries around the world.

Lainey Feingold's Book on Structured Negotiation

(10/03/16)John Lande I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation, which she describes below.

Interview with David Hoffman

(9/20/16)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's 'Views from the Eye of the Storm' Video Series.

New York’s Global Pound Conference

(9/16/16)F. Peter Phillips A group of very prominent stakeholders on commercial dispute resolution met at Cardozo Law School on September 12, 2016, to conduct the New York City session of the Global Pound Conference.

Boiling Down Consumer Arbitration

(9/09/16)F. Peter Phillips By now I've attended or participated in quite a few task forces, speeches, conference panels and other occasions in which the issue of class action waivers in consumer arbitration clauses has been discussed.

Solving the Busyness Problem

(9/09/16)Jason Dykstra Think about the last time that someone asked us how things were going? We probably responded with, “pretty good, you know…keeping pretty busy!”

Doing Commerce Requires Relationship: Why Relationship is an Important Part of Commercial Dispute Resolution

(9/09/16)Denise Evans Commerce is a relationship activity – it makes no sense if mediators fail to address relationship in resolving commercial disputes.

Where We Stand on Mediation Confidentiality, Both in California since the Cassel decision and in the Ninth Circuit

(8/26/16)Phyllis Pollack During the past year, there have been two interesting developments regarding mediation confidentiality.

The Arbitrator Survey: Practices, Preferences and Changes on the Horizon

(8/26/16)Beth Graham Ms. Sussman discusses her recently conducted survey regarding the preferences and decision-making of 401 domestic and international arbitrators.

Manage, Don’t Enable, Feuds at Work

(8/19/16)Lorraine Segal When disagreements at work are unresolved, one of the unfortunate outcomes can be long lasting workplace feuds.

New Book on Business ADR

(8/19/16)F. Peter Phillips The ABA Business Law Section has about 50 substantive committees, many of which include subcommittees addressing dispute resolution in their field. In the past several months, many members of these various entities undertook a collaborative effort to “cut across the solos.”

Miscommunication: A Symptom, Not Just a Cause

(8/19/16)Dan Simon The communication problems that happen in the mediation session might be symptoms of the conflict.

The Convening and Other First Steps

(7/29/16)Michael P. Carbone It's that time. You've just returned to your office from a case management conference.

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'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 '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.
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