Arnold Swartz and Associates

Business and Family Mediation

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Commercial Articles

Commercial Mediation Articles


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.

Mediation Users Make their Mark

(10/31/16)Ute A. Joas Quinn

The International Mediation Institute (IMI) has just released its 2016 International Mediation and ADR Survey. The results, which were generated by 815 individuals representing 67 countries and varied stakeholders (users, advisors, mediators, educators, students, providers, governments), are seriously thought provoking.

Deal Facilitators Can Help Transform The Brexit Negotiations

(10/25/16)Michael Leathes

Days after June's UK Brexit Referendum, US Secretary of State John Kerry advised: 'It is absolutely essential that we stay focused on how, in this transitional period, nobody loses their head, nobody goes off half-cocked, people don't start ginning up scatterbrained or revengeful premises.'

Opening the Mediator’s Toolbox: Practical Skills for the Investigator

(10/24/16)Samantha Blake, Milan Slama

Although they have distinctive practices that differ in purpose, goals, and approach, workplace investigators and mediators share certain common objectives.

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 Mediate.com'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 Mediate.com'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.

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