Commercial Mediation Section


Commercial Mediation Articles


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.

Michael Toebe

How to Better Solve Your Consumer Disputes

(6/06/16)Michael Toebe

When consumer disputes evolve, the perception and at times, reality is it's a push-resistance equation. Emotions escalate. Judgments, yet not resolution, rule.

Jennifer Mahony

Revelling in the Pause: Creating Sustainable, Connected Working Relationships

(6/06/16)Jennifer Mahony

Mediation is about revelling in the pauses, honouring them, leaning into them. It is about slowing down, about being purposeful in everything that is said and done.

John Lande

Compared to What?

(5/27/16)John Lande

Although public perceptions are important indicators about the functioning of the court system, they are subject to biases and should be supplemented with other indicators.

Joe Markowitz

Pre-litigation Dispute Resolution

(5/27/16)Joe Markowitz

More evidence that the practice of law has changed in fundamental ways: Employee representatives agreed that they prefer to resolve employer-employee disputes without litigation if possible.

Michael Lewis

Interview with Michael Lewis

(5/22/16)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.

Beth Graham

Curbing the Runaway Arbitrator in Commercial Arbitration

(5/14/16)Beth Graham

Arbitration is in crisis. Under fire as an oppressive, claim-suppressing method of dispute resolution, imposed by businesses upon unsuspecting employees and consumers, arbitration is also becoming increasingly unpopular with its original designers – businesses in commercial disputes with other businesses

Beth Graham

The Arbitration Bootstrap

(5/06/16)Beth Graham

Professor Leslie examines the legislative intent behind the Federal Arbitration Act and argues the law was never meant to be applied to consumer contracts.

Katherine Graham

How to Influence, and Direct, Parties in a Mediation

(4/29/16)Katherine Graham

Workplace mediators are able to influence the way the parties approach the content, interaction and process of their conflict. And they do this by selecting an intervention from a “continuum of power and influence” which moves from indirect through direct to coercive.

Margaret Shaw

Interview with Margaret Shaw

(4/18/16)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.

James Coben

Interview with Jim Coben

(4/14/16)James Coben

This is the complete interview by Robert Benjamin with Jim Coben, long-time former director of the Hamline University Conflict Resolution Program, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Michael Leathes

Data will defeat “the deadening drag of status quoism” The Global Pound Conference Series has kicked off

(4/04/16)Michael Leathes

The goal of the GPC Series 2016-17 is to provide the core global data needed to address the causes and remedies of user dissatisfaction with dispute resolution.

Sid Lezak

Interview with Sid Lezak

(3/14/16)Sid Lezak

This is the complete interview by Robert Benjamin with former US Attorney and mediator Sid Lezak shortly before his death as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Howard Bellman

Interview with Howard Bellman

(3/04/16)Howard Bellman

This is the complete interview by Robert Benjamin with Howard Bellman, a long-time leader in the field of labor-management mediation and mediation in the public sector generally, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Phyllis Pollack

Sidestepping Mediation Confidentiality

(3/04/16)Phyllis Pollack

Once again, the Ninth Circuit has sidestepped discussing the contours of mediation confidentiality in federal lawsuits based on diversity jurisdiction.

Nancy Shuger

“If I could just get the relevant parties into the room…”

(3/04/16)Nancy Shuger

This article addresses the question of how a mediator can bring disputing parties to the table when only one has expressed interest in mediation.

Peter Robinson

Interview with Peter Robinson

(2/29/16)Peter Robinson

This is the complete interview by Robert Benjamin with Peter Robinson, Co-Director of the Straus Institute for Dispute Resolution at Pepperdine University School of Law, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

The Minefield of Fee Disputes – It’s Not Just About Fees

(2/12/16)Malcolm Sher, Jobi Halper

Fee disputes pose a minefield for attorneys. Cautiously stepping through disputes may maximize your ability to retain or recover fees, while avoiding a malpractice claim or State Bar complaint.

Angela Herberholz

Help Shape the Next Generation of Mediators!

(2/05/16)Angela Herberholz

Wherever we look, there is a variety of articles, blogs, keynotes and workshop topics all talking about the necessity to develop future leaders, understand the next generation(s) and attract the right talents. The mediation profession is no exception.

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