Commercial Mediation Section


Commercial Mediation Articles


Ute A. Joas Quinn

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.

Michael Leathes

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.

Ariel Belen

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.

Nina Meierding

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.

Jill Gross

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.

L. Randolph Lowry

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.

Sabine Walsh

Making Mediation Sexy?!

(10/07/16)Sabine Walsh

It’s that time of year again! Mediation Awareness Week is about to kick off in Ireland, the UK and many other countries around the world.

John Lande

Lainey Feingold's Book on Structured Negotiation

(10/03/16)John Lande

I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation, which she describes below.

David A. Hoffman

Interview with David Hoffman

(9/20/16)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.

F. Peter Phillips

New York’s Global Pound Conference

(9/16/16)F. Peter Phillips

A group of very prominent stakeholders on commercial dispute resolution met at Cardozo Law School on September 12, 2016, to conduct the New York City session of the Global Pound Conference.

F. Peter Phillips

Boiling Down Consumer Arbitration

(9/09/16)F. Peter Phillips

By now I've attended or participated in quite a few task forces, speeches, conference panels and other occasions in which the issue of class action waivers in consumer arbitration clauses has been discussed.

Jason Dykstra

Solving the Busyness Problem

(9/09/16)Jason Dykstra

Think about the last time that someone asked us how things were going? We probably responded with, “pretty good, you know…keeping pretty busy!”

Denise Evans

Doing Commerce Requires Relationship: Why Relationship is an Important Part of Commercial Dispute Resolution

(9/09/16)Denise Evans

Commerce is a relationship activity – it makes no sense if mediators fail to address relationship in resolving commercial disputes.

Phyllis Pollack

Where We Stand on Mediation Confidentiality, Both in California since the Cassel decision and in the Ninth Circuit

(8/26/16)Phyllis Pollack

During the past year, there have been two interesting developments regarding mediation confidentiality.

Beth Graham

The Arbitrator Survey: Practices, Preferences and Changes on the Horizon

(8/26/16)Beth Graham

Ms. Sussman discusses her recently conducted survey regarding the preferences and decision-making of 401 domestic and international arbitrators.

Lorraine Segal

Manage, Don’t Enable, Feuds at Work

(8/19/16)Lorraine Segal

When disagreements at work are unresolved, one of the unfortunate outcomes can be long lasting workplace feuds.

F. Peter Phillips

New Book on Business ADR

(8/19/16)F. Peter Phillips

The ABA Business Law Section has about 50 substantive committees, many of which include subcommittees addressing dispute resolution in their field. In the past several months, many members of these various entities undertook a collaborative effort to “cut across the solos.”

Dan Simon

Miscommunication: A Symptom, Not Just a Cause

(8/19/16)Dan Simon

The communication problems that happen in the mediation session might be symptoms of the conflict.

Michael P. Carbone

The Convening and Other First Steps

(7/29/16)Michael P. Carbone

It's that time. You've just returned to your office from a case management conference.

Teresa Wakeen

Interview with Terry Wakeen

(7/19/16)Teresa Wakeen

This is the complete interview by Robert Benjamin with well-known Seattle Mediator Terry Wakeen filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.

The Differential of Mediation in Contracts of Insurance and Reinsurance

(7/15/16)Andrea Maia, Vivien Lys Porto Ferreira da Silva

The current issue consists on identifying the effectiveness of insertion of clauses of mediation in contract of insurance and reinsurance in corporate law and consumer law, exclusively in private mediation.

Dixon Dern

Can Intellectual Property Disputes Be Resolved Privately—Sure, Why Not?

(7/15/16)Dixon Dern

I recently met with a group of entertainment attorneys (like myself) here in Los Angeles, some of whom were also considering entering the arbitration field. A significant number of these attorneys did not understand that copyright infringement and other intellectual property disputes can be arbitrated or mediated.

Roger Fisher

Interview with Roger Fisher

(6/27/16)Roger Fisher

This is the complete interview by Robert Benjamin with Roger Fisher, author of 'Getting to Yes' and other negotiation and dispute resolution books and founder of the Harvard Project on Negotiation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.

Katherine Graham

Trouble at the Top: Why CEOs Don't Use Mediation

(6/06/16)Katherine Graham

The C-suite, the Board, senior management – call it what you will, those at the top of an organisation are as prone to conflict as the rest of us. But even more than the staff base, senior management are reluctant to use mediation.

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