Commercial Mediation Section


Commercial Mediation Articles


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.

Mark Baril

The Conflict Calculator: Estimating the costs of conflict in a workplace team

(3/01/17)Mark Baril

This article discusses a tool for measuring the cost of workplace conflict, as well as the considerations that factored in to developing that tool.

Mediate.com ZZZZZ

Mediate.com Recognized as "Top 10" Attorney Directory for SEO

(2/28/17)Mediate.com

Now celebrating our 22nd Year, Mediate.com has been recognized as a "Top 10" Attorney Directory by Attorney Rankings. Mediate.com is the overall 9th ranked attorney directory and the only mediation or ADR directory listed!

Kenneth Cloke

Interview with Ken Cloke

(2/12/17)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.

Supreme Court Approves Drafting Role for Lawyer Mediators

(2/10/17)Michael Dwyer, Susan Hansen

This article discusses the new Wisconsin Rule Petition 16-04 that expanded the role of lawyer mediators in family law cases.

Jim Melamed

Mediators Take Note: BBB Complaints Against Mediation.com

(2/09/17)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.

Margaret Shaw

Interview with Margaret Shaw

(2/02/17)Margaret Shaw

This is the complete interview by Robert Benjamin with New York based JAMS mediator Margaret Shaw filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.

Secondments in International Arbitration

(1/20/17)John Lande, Daniel Dilor, Raul Pereira de Souza Fleury

Despite the heavy workload, practicing international arbitration can be fun; you are always challenged by disputes arising from a diversity of issues that test your ability to design the best strategy to achieve the best possible outcome for your client, combined with the complexity that a single case can reach and the many instances in which a sovereign State is involved, as in investment and State-to-State arbitration.

F. Peter Phillips

Supremes Grant Cert on NLRB Challenge to Class Waiver

(1/20/17)F. Peter Phillips

As has been widely reported, the Supreme Court has granted certiorari to review three conflicting decisions among the circuits on the enforceability of an employer’s unilaterally promulgated waiver of employees’ right to participate in collective redress.

Homer LaRue

Interview with Homer LaRue

(1/18/17)Homer LaRue

This is the complete interview by Robert Benjamin with Homer LaRue filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Alia Ismail

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.

Chris McHallam

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.

Patricia Porter

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.

Phyllis Pollack

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.

Dr. Lynne C. Halem

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?

Joe Markowitz

Family Business Disputes

(1/03/17)Joe Markowitz

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

Richard Gertler

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.

Leonard Riskin

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.

Lorraine Segal

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.

Jason Dykstra

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.

F. Peter Phillips

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.

Scott McCreary

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.

Maria Simpson

And Then There's Wells Fargo

(12/09/16)Maria Simpson

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

Lila MacLellan

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.

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