Arnold Swartz and Associates

Business and Family Mediation

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Commercial Articles

Commercial Mediation Articles


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

(2/12/16)Malcolm Sher 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.

Interview with Randy Lowry

(10/23/15)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 Mediate.com's 'Views from the Eye of the Storm' Video Series.

Interview with Thomas Stipanowich

(10/17/15)Tom Stipanowich This is the complete interview by Robert Benjamin with Tom Stipanowich, Co-Director of Pepperdine's Straus Institute for Dispute Resolution and former Director of CPR in New York, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Bad Day at JAMS, Part 2

(10/16/15)Dan Simon For this mediation, I feared that everything I’ve heard from litigation-mediators about how they view things would manifest itself in a tedious, frustrating process. The last time I had participated in one of these mediations was as a lawyer in 1995. It was as bad as I feared.

Mandatory Arbitration in Consumer Finance and Investor Contracts

(10/16/15)Beth Graham Michael S. Barr, Roy F. and Jean Humphrey Proffitt Professor of Law at the University of Michigan Law School, has published “Mandatory Arbitration in Consumer Finance and Investor Contracts." In his article, Professor Barr argues that federal agencies should use their authority under the Dodd-Frank Act to restrict or eliminate the use of arbitration provisions in consumer finance and investment contracts.

Interview with Ken Cloke

(10/13/15)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.

Survey Says: Institutions Could Do A Lot To Improve

(10/12/15)Michael Mcilwrath The 2015 International Arbitration Survey is out. Subtitled “Improvements and Innovations in International Arbitration,” the most recent effort by Queen Mary / White & Case has a lot to say about efforts to date to improve the practice and what more can be done.

Interview with Terry Wakeen

(10/11/15)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.

ODR and Ombudsmanship

(10/03/15)Frank Fowlie This chapter focuses on the applicability of Online Dispute Resolution (ODR) for a specific dispute resolution mechanism, the Ombudsman. The chapter is based on the experiences and observations of Dr. Frank Fowlie, who served as the Inaugural Ombudsman for the Internet Corporation for Assigned Names and Numbers (ICANN).

Ride Sharing Arbitration Agreement is Socially Unconscionable

(9/25/15)Beth Graham A California judge has reportedly declined to order a dispute between transportation network company Uber and a former driver to arbitration. In the case, a San Francisco Superior Court judge ruled that the arbitration clause between the parties was “substantively unconscionable” due to its contradictory language.

Arbitrating Antitrust Claims From Suspicion to Trust

(9/18/15)Beth Graham Vera Korzun, Adjunct Professor at the Fordham University School of Law, has authored “Arbitrating Antitrust Claims: From Suspicion to Trust,” New York University Journal of International Law and Politics (JILP), Vol. 48, 2016, Forthcoming. In her scholarly article, Professor Korzun discusses the adjudication and enforcement of domestic antitrust laws by international arbitral tribunals.
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