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


Teambuilding Exercises

(10/06/17)Ronald S. Kraybill

Isolation and polarization are big threats today.

Consumer Mediation in the European Union: A Beginner's Guide to Mediation Under Directive 2013/11/EU

(10/06/17)Mahasweta Rayan

The use of mediation in resolving consumer disputes has always been a subject of curiosity, generating much debate.

Conflict Chat: Challenges In Working In A Gig Economy - Audio

(9/29/17)Stephen Kotev, Patricia Porter

Got Conflict? Are you a worker taking on short projects or “gigs?”

Moving Workplace Conflict from Dysfunctional to Functional

(9/29/17)Meredith Richardson

When I get a call about workplace conflict, I often find that these 4 things are true.

Ten Reasons Why Mediation Creates a Holistic Approach in Generating More Love & Compassion in Family Conflicts

(9/29/17)Denisha Shah

The article is about general foundations and principles of family conflicts in relationship to mediation focus. The overall article is a summary study in 10 steps for family conflicts through mediation process.

Your Rules/Their Rules in Conflict Management

(9/22/17)Lorraine Segal

This article discusses the Zen at the Gym (part 3).

Can Your Beliefs About Someone Alter Their Behavior?

(9/14/17)Tammy Lenski

If you believe someone is aggressive, could they behave more aggressively with you than with others?

A Fat Bias: Implicit or Explict?

(9/14/17)Phyllis Pollack

When you see an overweight person walking down the street, or perhaps sitting in a meeting with you, what is your reaction? Do you cringe or try to avoid that person?

Interview with Randy Lowry

(9/10/17)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.

Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration - Book Review

(9/07/17)Klaus Peter Berger

This is a book review by Michael Leathes of Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration by Klaus Peter Berger.

The Role of Emotional Intelligence in HealthCare: Bridging the Gaps of Communication

(9/01/17)Melanie Frizzell

The goal of this article is to provide tools for health care employees and employers to support everyone acting with greater emotional intelligence.

IBA-VIAC CDRC Vienna 2017 - Where Mediation and Negotiation Cross Borders

(8/21/17)Jenny Driver, Mirella Kreder, Gracious Timothy

Following two successful editions of the IBA-VIAC Consensual Dispute Resolution Com-petition in Vienna, Dispute Resolution literally went international again in its 3rd generation in July 2017.

Do Not Let Your CEO Even Read This!

(8/18/17)Martin Brink

This Editorial is about corporate mediation, and that is not always CEO stuff. The question is raised whether your CEO is open to this corporate mediation stuff.

The Psychology and Neurobiology of Mediation

(8/11/17)Elizabeth Bader

From a psychological perspective, the most important problem in mediation is that people take the conflict personally and the outcome of the mediation as a reflection of who they are. This article deals with the psychology and neurobiology of this phenomenon, and how to deal with it in mediation.

Why Don’t Transformative Mediations Get Violent?

(8/11/17)Dan Simon

“It’s important to set ground rules at the start of a mediation, and then you can remind the parties of those rules if they get off track later,” said a trainee in one of my mediation courses.

Misclassification in the Sharing Economy: It’s the Arbitration Agreements

(8/11/17)Beth Graham

Elizabeth Chika Tippett, Associate Professor and Conflict & Dispute Resolution Program Faculty Co-Director at the University of Oregon School of Law, and Bridget Schaaff, University of Oregon School of Law, have published “Misclassification in the Sharing Economy: It’s the Arbitration Agreements.”

What “The Blind Men and the Elephant” Can Teach Us About Perspective at the Mediation Table

(8/03/17)Sheldon Stark

Frequently, disputes arise out of the different perspectives of the parties. Parties may observe the same facts but their perceptions of what happened and why may turn on where they stood, what role they were playing or what they were thinking at the time of the occurrence or event at the center of the controversy.

Increased Complexity of Commercial Disputes Requires a New Approach

(7/28/17)Robert Bergman, Jonathan Ewing

The cost of commercial litigation continues to rise, as a highly politicized world produces pervasive economic and policy uncertainty.

Cooperation with a Competitor

(7/21/17)Charlie Irvine

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together."

Serious Gaming in Water

(7/21/17)Shelby Hockaday, Todd Jarvis, Fatima Taha

This paper discusses the use of serious gaming as a method for water resource conflict-negotiation.

Interview with Ken Cloke

(7/12/17)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.

Michael Leathes’ New Negotiation Book - Book Review

(6/16/17)Michael Leathes

Michael Leathes has written a book on negotiation that is aimed at corporate counsel.

Comparative Data on Mediation Websites: Most Visited and Most Linked

(6/13/17)Jim Melamed

According to Alexa.com, Mediate.com is most visited and most linked mediation website.

Interview with Thomas Stipanowich

(5/15/17)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.

Conflict and the Advent of Social media in the Evolution of Society

(5/12/17)Michael Johnson

Social media is changing how society behaves at a pace that we just cannot fathom. We have embraced it with open arms, but have we taken three steps back to digest it and understand how societal social skills have been affected?

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