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


The Role of Ombudsmen and The Recurring Ethical Crisis in the American Financial Services Industry

(1/13/17)Alia Ismail

When recurring ethical crisis in the financial services industry arise, it’s essential to give voice to employees on the lower end of hierarchies in organizational institutions.

4 Things You Should Know About Civil Mediation

(1/06/17)Chris McHallam

While you may already be familiar with the process and its benefits there are a few important facts those considering mediation for a legal issue their business is facing should know.

Renewing And Strengthening Relationships In The New Year

(1/03/17)Patricia Porter

As you enter 2017, reflect and commit to being intentional on the small gifts you can provide to strengthen, honor and acknowledge those important relationships in your life. Here are some ideas to consider.

Stepping Outside of Ourselves

(1/03/17)Phyllis Pollack

Not everyone lives the way we do. And just because someone may do things very differently than we might does not mean that what he alleges as happening is false.

The College Education Expense; How to Share the “Experience”

(1/03/17)Dr. Lynne C. Halem

The question to be answered by all parents—separated or divorced parents, married or unmarried—is: How will the child’s college education be funded? In short, who will pay and how much?

Family Business Disputes

(1/03/17)Joe Markowitz

Problems that arise in running a family business sometimes manifest themselves as legal claims.

Avoiding Court in Business Disputes

(1/03/17)Richard Gertler

As a business owner a lawsuit can be a stressful situation. Fortunately, you have options, even when a dispute appears headed for the courtroom. By working with an experienced mediator, you gain hope of steering a business disaster toward an agreeable — and even amicable — resolution.

Interview with Leonard Riskin

(12/27/16)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 Truth about Pirate Jenny –why revenge doesn’t solve workplace resentments

(12/23/16)Lorraine Segal

This article discusses why revenge doesn’t solve workplace resentments.

What to Think About When Your Business is Breaking Up

(12/19/16)Jason Dykstra

It is possible to survive a business break-up without conflict destroying you.

NY Times: “Arbitration” = Secretive and Unfair

(12/18/16)F. Peter Phillips

On the front page of a New York Times there was an article reporting on a legal argument that is purportedly being advanced by Wells Fargo in response to claims brought on behalf of thousands of customers in whose name, and without whose knowledge, over 2,000,000 “sham” accounts were established.

CONCUR case in just-published book: Joint Fact Finding in Urban and Environmental Planning Disputes

(12/09/16)Scott McCreary

The article describes CONCUR's Chapter in the book: Desalination in California: The California Coastal Commission Poseidon Joint Fact Finding Process” and provides insight into this JFF process by highlighting quotes from participants involved in the case.

And Then There's Wells Fargo

(12/09/16)Maria Simpson

Internal conflict resolution systems save huge amounts of money for their organizations.

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.

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