Commercial Mediation Section


Commercial Mediation Articles


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

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

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.

Martin Brink

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.

Elizabeth Bader

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.

Dan Simon

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.

Beth Graham

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.”

Sheldon Stark

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.

Charlie Irvine

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)Todd Jarvis, Shelby Hockaday, Fatima Taha

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

Kenneth Cloke

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.

L. Randolph Lowry

Interview with Randy Lowry

(6/27/17)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.

Michael Leathes

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.

Jim Melamed

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.

Tom Stipanowich

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.

Michael Johnson

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?

F. Peter Phillips

Consumer Redress and “The New Handshake”

(4/28/17)F. Peter Phillips

For many years, a tempest has surrounded public policy approaches to consumer protection, largely implicating three utterly inapt legal constructs.

Beth Graham

The Agreement to Arbitrate and the ‘Applicable Law’

(4/28/17)Beth Graham

Alan S. Rau, Mark G. and Judy G. Yudof Chair of Law at the University of Texas at Austin School of Law, has published “The Agreement to Arbitrate and the ‘Applicable Law’.”

Jim Melamed

BBB Complaints Against Mediation.com

(4/27/17)Jim Melamed

At Mediate.com, we receive multiple complaints each week about another company, Mediation.com. These detailed reports from BBB are instructive as to how this other company operates.

Art Hinshaw

Aragaki - The Dao of Friendly Skies

(4/21/17)Art Hinshaw

In the past week the Internet went ablaze with news reports of United Airlines passenger Dr. David Dao’s merciless ejection from a Louisville-bound flight.

Justin Kelsey

3 Things that Mediation is NOT

(4/21/17)Justin Kelsey

Mediation has become a popular alternative to court proceedings, with mediators resolving disputes of all kinds there is still a significant amount of confusion about what is mediation and what can a mediator do for you.

Michael Lewis

Interview with Michael Lewis

(4/20/17)Michael Lewis

This is the complete interview by Robert Benjamin with Michael Lewis, a long-time leader in the field of mediation, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Series.

David A. Hoffman

Interview with David Hoffman

(4/12/17)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.

Mediate.com ZZZZZ

Mediate.com Recognized as a Top Attorney Directory for SEO!

(4/07/17)Mediate.com

Now celebrating our 22nd Year, Mediate.com has been recognized as a "Top 8" Attorney Directory by Rankings.io. Mediate.com is the overall 8th ranked attorney directory and the only mediation or ADR directory listed!

Jay Folberg

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

(3/07/17)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.

Wayne Plenert

A Transformative Parenting Mediation Model

(3/03/17)Wayne Plenert

The key to successful parenting mediation is using a model that works for the parents and provides a parenting model that starts with a truce, then works towards mid and long term parenting goals.

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