Commercial Mediation Section


Commercial Mediation Articles


John Sturrock

Negotiating in Istanbul's Grand Bazaar

(1/22/16)John Sturrock Negotiating in Istanbul’s Grand Bazaar is an experience to relish. I’ve recently returned from three days in that wonderful city. We found an engaged and enthusiastic audience and much interest in the issues which we have all faced – and continue to face – in many jurisdictions.
William E. Hartgering

Interview with Bill Hartgering

(1/18/16)William E. Hartgering This is the complete interview by Robert Benjamin with William Hartgering, founder of Endispute and a JAMS mediator, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Alexis Martinez

Arbitration in Africa: Past, Present, and Future

(1/15/16)Alexis Martinez This article asks: Why a continent, considered by many to have been the springboard for the unprecedented modern growth in arbitration in Europe and Asia recently went through a significant increase in the number of international arbitrations?
Malcolm Sher

Neutral Evaluation – An Effective ADR Process

(1/04/16)Malcolm Sher Neutral Evaluation is an underused process that is effective for complex cases.
Michelle LeBaron

Interview with Michelle LeBaron

(12/21/15)Michelle LeBaron This is the complete interview by Robert Benjamin with Michelle LaBaron, a leading expert on cross cultural dispute resolution issues, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Leonard Riskin

Interview with Leonard Riskin

(12/03/15)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.
Robert Arrington

The Continuing Struggle Over Class Action Waivers in Arbitration

(12/01/15)Robert Arrington The issue of mandatory arbitration of employment and consumer disputes continues to be controversial.
F. Peter Phillips

A Company That Can’t Make Up Its Mind

(11/30/15)F. Peter Phillips I’m a consumer doing business with a company that can’t seem to make up its mind what the right approach is to handling disputes with its customers.
Michael Leathes

Need a mediator? Don’t Just Phone-a-Friend! Recommendations alone are not the best way to select a mediator

(11/23/15)Michael Leathes People commonly rely on word of mouth to choose a lawyer, dentist, architect, accountant, surveyor, physician or just about any other professional. Selecting a mediator by word of mouth, however, is most likely not your best choice for a number of reasons.
Beth Graham

Building Trust in E-commerce Through Online Dispute Resolution

(11/13/15)Beth Graham In her book chapter, Professor Amy Schmitz analyzes online dispute resolution in the context of both international and domestic business-to-consumer transactions.
Mediate.com ZZZZZ

Mediate.com Recognized as "Top 10" Attorney Directory Site!

(11/09/15)Mediate.com Now celebrating our 20th Anniversary, 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.
Beth Graham

COA Orders Employment Discrimination Case to Arbitration

(10/30/15)Beth Graham Texas’ 13th District Court of Appeals has ordered an employment discrimination lawsuit to arbitration.
L. Randolph Lowry

Interview with Randy Lowry

(10/23/15)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.
Tom Stipanowich

Interview with Thomas Stipanowich

(10/17/15)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.
Dan Simon

Bad Day at JAMS, Part 2

(10/16/15)Dan Simon For this mediation, I feared that everything I’ve heard from litigation-mediators about how they view things would manifest itself in a tedious, frustrating process. The last time I had participated in one of these mediations was as a lawyer in 1995. It was as bad as I feared.
Beth Graham

Mandatory Arbitration in Consumer Finance and Investor Contracts

(10/16/15)Beth Graham Michael S. Barr, Roy F. and Jean Humphrey Proffitt Professor of Law at the University of Michigan Law School, has published “Mandatory Arbitration in Consumer Finance and Investor Contracts." In his article, Professor Barr argues that federal agencies should use their authority under the Dodd-Frank Act to restrict or eliminate the use of arbitration provisions in consumer finance and investment contracts.
Kenneth Cloke

Interview with Ken Cloke

(10/13/15)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 Mcilwrath

Survey Says: Institutions Could Do A Lot To Improve

(10/12/15)Michael Mcilwrath The 2015 International Arbitration Survey is out. Subtitled “Improvements and Innovations in International Arbitration,” the most recent effort by Queen Mary / White & Case has a lot to say about efforts to date to improve the practice and what more can be done.
Frank Fowlie

ODR and Ombudsmanship

(10/03/15)Frank Fowlie This chapter focuses on the applicability of Online Dispute Resolution (ODR) for a specific dispute resolution mechanism, the Ombudsman. The chapter is based on the experiences and observations of Dr. Frank Fowlie, who served as the Inaugural Ombudsman for the Internet Corporation for Assigned Names and Numbers (ICANN).
Beth Graham

Ride Sharing Arbitration Agreement is Socially Unconscionable

(9/25/15)Beth Graham A California judge has reportedly declined to order a dispute between transportation network company Uber and a former driver to arbitration. In the case, a San Francisco Superior Court judge ruled that the arbitration clause between the parties was “substantively unconscionable” due to its contradictory language.
Beth Graham

Arbitrating Antitrust Claims From Suspicion to Trust

(9/18/15)Beth Graham Vera Korzun, Adjunct Professor at the Fordham University School of Law, has authored “Arbitrating Antitrust Claims: From Suspicion to Trust,” New York University Journal of International Law and Politics (JILP), Vol. 48, 2016, Forthcoming. In her scholarly article, Professor Korzun discusses the adjudication and enforcement of domestic antitrust laws by international arbitral tribunals.
Sapna Jhangiani

Keep it Simple. Keep it Interesting.

(9/18/15)Sapna Jhangiani In an age of ever-increasing complexity, where your watch can open your garage and answer your phone (yes, the Apple watch can really do that), many of us in the international arbitration community have lost sight of the most powerful weapon in the advocate’s toolbox: simplicity.
F. Peter Phillips

Mediation in Turkey

(9/12/15)F. Peter Phillips A recent trip to Turkey included a delightful visit at the offices of leading Turkish law firm Hergüner Bilgen Özeke and several of its members, including H. Tolga Danisman. It was also a chance to get an inside look at a rapidly developing legislative and judicial initiative in commercial mediation in this troubled and beautiful country.
Beth Graham

Arbitrating Antitrust Claims: From Suspicion to Trust

(9/12/15)Beth Graham Vera Korzun, Adjunct Professor at the Fordham University School of Law, has authored “Arbitrating Antitrust Claims: From Suspicion to Trust”. In her scholarly article, Professor Korzun discusses the adjudication and enforcement of domestic antitrust laws by international arbitral tribunals.
Arthad Kurlekar

“Perversion of Law” in Chinese Criminal Law – An Indiscriminate Legal Weapon Against Arbitrators

(9/12/15)Arthad Kurlekar Article 399A included in the Criminal Law of People’s Republic of China, provides for criminal liability to arbitrators for “perversion of law” (Wangfa Zhongcai Zui). The provision has been a Part of the Criminal Law since 2006. However, on 24 June 2015, the Supreme People’s Court (‘SPC’) and the Supreme People’s Procuratorate (SPP) of China have undertaken the task of interpreting Article 399A (Further information about the process may be found here).
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