Category: Commercial

Preparation: The Key To Mediation Success author.

Preparation: The Key To Mediation Success

Originally published in CPR's "Alternatives to the High Cost of Litigation," Volume 28 Issue 2 (February 2010). Reprinted with permission....

By Bennett G. Picker
International Commercial Mediation: Only Lip Service? author.

International Commercial Mediation: Only Lip Service?

From the Disputing Blog of Karl Bayer, Victoria VanBuren, and Holly Hayes.Karl came across this interesting comment by Jose Antonio...

By Victoria VanBuren
Dispute Prevention:  It’s A Good Idea, Right? author.

Dispute Prevention: It’s A Good Idea, Right?

From Larry Susskind's blog on the Consensus Building Approach I was recently asked to join a panel at the annual...

By Larry Susskind
Mediation For Small Business Disputes author.

Mediation For Small Business Disputes

From Erica Becks' Cure for the Common Conflict. Frequently, a SBO (Small Business Owner) approaches me with a question about...

By Erica Becks
Business Divorce Mediation author.

Business Divorce Mediation

Republished with permission. First published in New York Dispute Resolution Lawyer, Fall 2009, Vol 2, #2. Lawyers often use the...

By Richard Lutringer
Insurance Coverage:  4 Rules And 10 Tips For Policyholders author.

Insurance Coverage: 4 Rules And 10 Tips For Policyholders

From John DeGroote's Settlement Perspectives When the big case comes in, will you be ready for it?  As you work...

By John DeGroote
Mediating Commercial Relationships author.

Mediating Commercial Relationships

In mediating commercial disputes, once all of the frills are stripped away, the dispute is very typically about money.  The...

By Alec Wisner
Resolving Complaints About Irresponsible Corporations author.

Resolving Complaints About Irresponsible Corporations

From Larry Susskind's blog on the Consensus Building Approach Corporations are supposed to pay attention to environmental, health, safety, labor,...

By Larry Susskind
Mediate.com Inside: Megatrends in Economics, Glenn Sigurdson author.

Mediate.com Inside: Megatrends in Economics, Glenn Sigurdson

Access all Glenn Sigurdson videos here.S. Glenn Sigurdson speaks on megatrends involving economics at the Keystone Conference, October, 2006

By S. Glenn Sigurdson
Pearlstein, Arthur: Directly Supplying ADR Providers for Market’s Demand – Video author.

Pearlstein, Arthur: Directly Supplying ADR Providers for Market’s Demand – Video

Arthur Pearlstein describes how the Werner Institute prepares students to meet the market's demands for dispute resolution.

By Arthur Pearlstein
Kamikaze Conflict – How Might It Damage Your Franchise System? author.

Kamikaze Conflict – How Might It Damage Your Franchise System?

First published by Franchise New Zealand This article considers the potential for franchising systems to be undermined by kamikaze conflict,...

By Jeff Giddings, Lorelle Frazer
Tom Stipanowich: Favorable Arbitration was Still Unsatisfactory – Video author.

Tom Stipanowich: Favorable Arbitration was Still Unsatisfactory – Video

Tom Stipanowich tells of a client's experience with arbitration, which left the client feeling unsatisfied and somewhat unresolved, even though...

By Tom Stipanowich
Update on Home Foreclosure Mediation author.

Update on Home Foreclosure Mediation

Editors Note: Developments on home foreclosure mediation and other critical mediation practice news are chronicled by Keith Seat at www.mediate.com/MediationNews...

By Keith Seat
The Unique Value of Becoming IMI Certified author.

The Unique Value of Becoming IMI Certified

At first we hesitate to believe that a new thing can be done. Soon we see it can be done...

By Irena Vanenkova
Negotiating a Debt Restructuring: The Out of Office AutoReply author.

Negotiating a Debt Restructuring: The Out of Office AutoReply

From John DeGroote's Settlement Perspectives As I write this I’m on yet another plane ride, but this one’s different. I’m...

By John DeGroote
A Perfect Storm is Gathering author.

A Perfect Storm is Gathering

This article is jointly written by a group of twelve institutional users of mediation services. Co-authors: Jan Eijsbouts, Hans Peter...

By Michael Leathes
What High-Low Agreements Can Do for You:  Settlement Structures Part III author.

What High-Low Agreements Can Do for You: Settlement Structures Part III

From John DeGroote's Settlement Perspectives The fiscal year ends in just two weeks, and for some reason your client’s auditors...

By John DeGroote
Mandatory Mediation Programs Help Homeowners Facing Foreclosure author.

Mandatory Mediation Programs Help Homeowners Facing Foreclosure

From the First Mediation Blog of Jeff Krivis and Mariam Zadeh. RealtyTrac, the leading online marketplace for foreclosure properties, reported...

By Jeffrey Krivis, Mariam Zadeh
KISS Mediators Rock ABA Conference: Why Would Three Self-Respecting Professional Mediators Play Dress-Up? author.

KISS Mediators Rock ABA Conference: Why Would Three Self-Respecting Professional Mediators Play Dress-Up?

Many attendees at the 2006 annual conference of the Section on Dispute Resolution had to look twice when they saw...

By Lee Jay Berman
Using Creativity When Negotiating Commercial Disputes – A Challenge For Lawyers? author.

Using Creativity When Negotiating Commercial Disputes – A Challenge For Lawyers?

             “Negotiations which end in a resolution that satisfies all parties are rare”[1].  Why should we nevertheless strive for integrative...

By Anke Meier
Can Settlement Orientated Mediators Like Me Cherry Pick From Transformative Process? author.

Can Settlement Orientated Mediators Like Me Cherry Pick From Transformative Process?

Like many commercial mediators I fall in and out of love with transformative mediation all the time. To its credit,...

By Geoff Sharp
Commercial Mediation Survey author.

Commercial Mediation Survey

Over the last couple of months I have polled, in a fairly unscientific way, some busy commercial litigators who I...

By Geoff Sharp
Business Mediation: A Better Way To Resolve Workplace Conflict author.

Business Mediation: A Better Way To Resolve Workplace Conflict

We’ve all heard the saying that a happy workplace is a productive workplace. Employers and business owners cannot afford contention...

By Marta J. Papa
Negotiating Bankruptcy author.

Negotiating Bankruptcy

My favorite local bankruptcy mediators Ben Siegel of Buchalter (left) former bankruptcy judge Herb Katz (right) Bankruptcy mediation catches on...

By Victoria Pynchon
A Model Letter For A Model Mediation author.

A Model Letter For A Model Mediation

Published in The Practical Litigator, Volume 18, No. 3, May 2007. Copyright © 2007 by the American Bar Association. Reprinted...

By David Franzel
Congress Negotiates the Foreclosure Crisis author.

Congress Negotiates the Foreclosure Crisis

UPDATE:  IF YOU FOLLOW THIS LINK TO FORBES.COM COVERAGE OF THE FORECLOSURE CRISIS AND CLICK ON THE HIGHLIGHTED WORD "FORECLOSURE" YOU'LL...

By Victoria Pynchon
The Concept of Reciprocity in Mediation author.

The Concept of Reciprocity in Mediation

Jeff Kichaven writes on mediation for the International Risk Management Institute. First published on IMRI.com. January 2007 In response to...

By Jeff Kichaven
Where were the mediators in the Microsoft-Yahoo negotiations? author.

Where were the mediators in the Microsoft-Yahoo negotiations?

Collaborative lawyer and ADR professional David Hoffman, in an op-ed in the Christian Science Monitor, asks, “Microsoft and Yahoo: Where...

By Diane J. Levin
Microsoft and Yahoo: Where Were the Mediators? author.

Microsoft and Yahoo: Where Were the Mediators?

From Colin Rule's blog. David Hoffman in the 5/12 Christian Science Monitor: "When Microsoft CEO Steve Ballmer met with Yahoo...

By Colin Rule
Mediating the Commercial Lease Dispute author.

Mediating the Commercial Lease Dispute

This article has been modified from its original publishing. The original article first appeared in the ACREL Papers Fall 2007...

By Jerry Slusky

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