Commercial Mediation Articles
Dealing with disputes effectively is indisputably a core skill for any manager.
(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.
Trust is a crucial factor in development of business; mediation can help in business development by re-sprouting the trust between the affected parties.
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.
(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.
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.'
(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.
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.
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.
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.
(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.
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.
I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation, which she describes below.
(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.
(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.
(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.
Think about the last time that someone asked us how things were going? We probably responded with, “pretty good, you know…keeping pretty busy!”
Commerce is a relationship activity – it makes no sense if mediators fail to address relationship in resolving commercial disputes.
During the past year, there have been two interesting developments regarding mediation confidentiality.
Ms. Sussman discusses her recently conducted survey regarding the preferences and decision-making of 401 domestic and international arbitrators.
When disagreements at work are unresolved, one of the unfortunate outcomes can be long lasting workplace feuds.
(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.”
The communication problems that happen in the mediation session might be symptoms of the conflict.
(7/29/16)Michael P. Carbone
It's that time. You've just returned to your office from a case management conference.
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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.