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Business and Family Mediation

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Commercial Articles

Commercial Mediation Articles

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. Recognized as "Top 10" Attorney Directory Site!

(11/09/15) Now celebrating our 20th Anniversary, has been recognized as a "Top 10" Attorney Directory by Attorney Rankings. 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.

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.

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.

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.

Keep it Simple. Keep it Interesting.

(9/18/15)Sapna Jhangiani In an age of ever-increasing complexity, where your watch can open your garage and answer your phone (yes, the Apple watch can really do that), many of us in the international arbitration community have lost sight of the most powerful weapon in the advocate’s toolbox: simplicity.

Mediation in Turkey

(9/12/15)F. Peter Phillips A recent trip to Turkey included a delightful visit at the offices of leading Turkish law firm Hergüner Bilgen Özeke and several of its members, including H. Tolga Danisman. It was also a chance to get an inside look at a rapidly developing legislative and judicial initiative in commercial mediation in this troubled and beautiful country.

Arbitrating Antitrust Claims: From Suspicion to Trust

(9/12/15)Beth Graham Vera Korzun, Adjunct Professor at the Fordham University School of Law, has authored “Arbitrating Antitrust Claims: From Suspicion to Trust”. In her scholarly article, Professor Korzun discusses the adjudication and enforcement of domestic antitrust laws by international arbitral tribunals.

“Perversion of Law” in Chinese Criminal Law – An Indiscriminate Legal Weapon Against Arbitrators

(9/12/15)Arthad Kurlekar Article 399A included in the Criminal Law of People’s Republic of China, provides for criminal liability to arbitrators for “perversion of law” (Wangfa Zhongcai Zui). The provision has been a Part of the Criminal Law since 2006. However, on 24 June 2015, the Supreme People’s Court (‘SPC’) and the Supreme People’s Procuratorate (SPP) of China have undertaken the task of interpreting Article 399A (Further information about the process may be found here).

Reasoned Awards in International Commercial Arbitration

(9/04/15)Beth Graham University of Missouri School of Law Professor S.I. Strong has written “Reasoned Awards in International Commercial Arbitration: Embracing and Exceeding the Common Law-Civil Law Dichotomy,” 37 Michigan Journal of International Law, 2016, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2015-18. In her publication, Professor Strong analyzes the requirement for reasoned awards in the context of international commercial arbitration.

Whistleblower Cases are Custom Tailored for ADR

(9/04/15)Jeffrey Grubman Various state and federal statutes exist to protect and compensate employees whose employers retaliate against them after they disclose certain fraudulent practices to the employers or government agencies. These are known as Whistleblower statutes.

Laying the Table

(8/28/15)Ian MacDuff In both practice and training, we’ve long operated on some assumed attributes of mediation – confidentiality, neutrality – and a loose consensus on at least the key elements of what mediation looks like, though without offending our other cherished values of pluralism, diversity, mediator autonomy, and context-sensitive design.

Conversation with Peter Benner About PEDR, Part 6

(8/21/15)John Lande I think company managers, by and large, do feel they have control, which is, as you say, reflected in increasingly tight litigation management, which does predominate and persist, as well as loosened loyalties to a particular firm. Beating up lawyers on fees is now considered part of the relationship. The issue is one of culture and disposition rather than control.

Are You Seeing the Benefit of Soft Skills?

(8/21/15)Katherine Graham “Soft skills like communication and teamwork are incredibly important to our business because of the impact they can have on our customers’ experience. As integral as they are to the performance and progression of our employees, I know that we can do more to recognise their importance which is why we are launching this campaign," says the Chief People Officer of McDonalds UK.

Patent Arbitration: It Still Makes Good Sense

(8/21/15)Beth Graham Peter Michaelson, Michaelson ADR Chambers, LLC, has published “Patent Arbitration: It Still Makes Good Sense,” Landslide (Journal of the ABA Section of Intellectual Property Law); July/August 2015, pp. 42-47. In his paper, Mr. Michaelson examines the future of patent arbitration following the implementation of the Leahy-Smith America Invents Act.

The Downside of Arb-Med-Arb Procedures

(8/21/15)Gracious Timothy The AMA procedure is not the end of the line. Enforcement of settlement agreements is cited as a crucial aspect and the AMA procedure is not completely geared up for it looking at its many downsides. It would be more desirable and feasible to prepare a uniform model provision on enforcement of mediated settlement agreements that would be universally acceptable.

Colin J. Wall Memorial

(8/07/15)F. Peter Phillips The death of Colin J. Wall on July 16, 2015, is a crushing blow to our profession and a personal loss to me.

The UNCITRAL Convention on Enforceability of Settlement Agreements Resulting from International Commercial Mediation

(7/30/15)Gracious Timothy In February 2015, the U. N. Commission on International Trade Law (UNCITRAL) Working Group II (Arbitration and Conciliation) met in New York to consider the case for a Convention on the recognition and enforcement of international settlement agreements achieved through mediation. The task was to report on feasibility and the possible form of work in that area. The Working Group did receive several comments from states on the need; the status of settlements; possible exceptions; and the technical feasibility of this new convention. This article collectively summarises the questions underlying possible harmonized solutions.

Mediating Family Property and Estate Conflicts: Keeping the Peace and Preserving Family Wealth

(7/22/15)Jay Folberg Of all of the cases I have mediated over the past 30 years, the most challenging and rewarding disputes have been those between family members over family property, estates, trusts and businesses.

Counting the Cost of Conflict

(7/21/15)Katherine Graham In our final week of watching Carol’s struggle with Mike and her team, we see the outcome which many organisations are all too familiar with, as the employer is now Counting the Costs.
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