Category: Commercial

IP Mediator Michael Young’s “Girls Gone Wild” Commentary Catches Court’s Attention author.

IP Mediator Michael Young’s “Girls Gone Wild” Commentary Catches Court’s Attention

From ALTERNATIVES TO THE HIGH COST OF LITIGATION, INTERNATIONAL INSTITUTE FOR CONFLICT PREVENTION & RESOLUTION VOL. 26 NO. 3 MARCH 2008...

By Victoria Pynchon
Courageous Carriers, Meaningful Mediations author.

Courageous Carriers, Meaningful Mediations

Jeff Kichaven writes on mediation for the International Risk Management Institute. First published on IMRI.com. Pity the poor plaintiff at...

By Jeff Kichaven
Capitalizing On Mediation: The Power Of Promoting Awareness For Business Efficiency author.

Capitalizing On Mediation: The Power Of Promoting Awareness For Business Efficiency

I would like to thank you and express my gratitude to all the colleagues, Monya Kian, Monica Sherman, Melanie Gilmore,...

By Alessandra Sgubini
Colm Brannigan and Michael Erdle on Mediating Canadian I.T. Disputes author.

Colm Brannigan and Michael Erdle on Mediating Canadian I.T. Disputes

Ontario-based mediator Colm Brannigan * has passed along a valuable article on the mediation of Information Technology disputes from a...

By Victoria Pynchon
Second in a Series about the Real Estate Downturn and Mediation author.

Second in a Series about the Real Estate Downturn and Mediation

Since the last article in this series was published in the December 2007 edition there has been more bad press...

By David W. Dresnick
Take This Idea: Commerical Mediators Wheel & Deal with Entrepreneurs author.

Take This Idea: Commerical Mediators Wheel & Deal with Entrepreneurs

Finding the right niche is critical to your success as a mediator. While most folks can identify a broad niche,...

By Dina Beach Lynch
The Real Estate Downturn Spawns an Increasing Need for Mediators and Arbitrators author.

The Real Estate Downturn Spawns an Increasing Need for Mediators and Arbitrators

The growing poor economic cycle for real estate, and growing consensus projections that the reduction in housing prices may last...

By David W. Dresnick
Mediating The Sub Prime Mortgage Crisis author.

Mediating The Sub Prime Mortgage Crisis

When America sneezes, the rest of us catch a cold. So, I guess many mediators around the globe are working...

By Geoff Sharp
Fair Use Settlement Or A Mediation Heist? How A Stanford English Professor Settled A Copyright Action. . . And Then Recovered Her Attorneys Fees From The Estate of James Joyce author.

Fair Use Settlement Or A Mediation Heist? How A Stanford English Professor Settled A Copyright Action. . . And Then Recovered Her Attorneys Fees From The Estate of James Joyce

How did Stanford English Professor Carol Shloss, with the pro bono help of the Stanford Center for Internet and Society’s...

By Michael Young
Dispute Resolution Clauses In Commercial Contracts author.

Dispute Resolution Clauses In Commercial Contracts

I don't mean to argue against the undeniable wisdom of inserting a dispute resolution clause in a commercial contract at...

By Geoff Sharp
Directors & Officers Insurance: How To Mediate The Allocation Of The Loss Between Covered And Uncovered Claims Under The Relative Exposure Clause author.

Directors & Officers Insurance: How To Mediate The Allocation Of The Loss Between Covered And Uncovered Claims Under The Relative Exposure Clause

Summary The Relative Exposure Clause (“REC”) found in several Directors & Officers Insurance Policies (“D&O”) imposes a duty on the...

By David Laufer
Special Challenges To Mediating Broker Cases author.

Special Challenges To Mediating Broker Cases

The skyrocketing price of homes is likely to spawn an increase in litigation naming real estate brokers and inspectors who...

By Malcolm Sher, Esq
Making Effective Use Of Alternative Dispute Resolution For Small Businesses author.

Making Effective Use Of Alternative Dispute Resolution For Small Businesses

Most business owners are small business owners, competing in an increasingly intense and flattening global environment. As can be seen...

By Robert Tessier
Interview with Ken Cloke: Mindfulness And Commercial Litigation author.

Interview with Ken Cloke: Mindfulness And Commercial Litigation

In the Spring of 2005, long-time commercial litigator and new mediator, Victoria Pynchon, engaged in a series of conversations with...

By Victoria Pynchon
Commercial Dispute Resolution In Germany author.

Commercial Dispute Resolution In Germany

Introduction In recent years, Germany has seen a significant increase in interest concerning out-of-court dispute resolution between companies. The Dispute...

By Michael Hammes, Nicola Neuvians
Resolving Family Business Conflicts author.

Resolving Family Business Conflicts

In this article, I want to share a story about a family business conflict. This is not based on any...

By Douglas Noll
Can Transformative Mediation Work In Commercial Litigation? A Conversation With Joseph P. Folger And Robert A. Baruch Bush author.

Can Transformative Mediation Work In Commercial Litigation? A Conversation With Joseph P. Folger And Robert A. Baruch Bush

First published in the February, 2005 issue of the Southern California Mediation Association Newsletter. The transformative mediation model was first...

By Victoria Pynchon
The New Era: How Mediation Will Be Vital For Successful Italian Businesses author.

The New Era: How Mediation Will Be Vital For Successful Italian Businesses

For years, successful American companies have used mediation as a method for resolving commercial disputes. The considerable time, money, and...

By Alessandra Sgubini
Talking It Out is the Path of Peace author.

Talking It Out is the Path of Peace

“Doug, I need some peacemaking help right now!” John said over the telephone. John was the CEO of a software...

By Douglas Noll
Transatlantic Dispute Resolution author.

Transatlantic Dispute Resolution

This article is an adaptation of the notes of a presentation given at the Conference on “Doing Business in the...

By Eric van Ginkel
Arbitration, Mediation and Conciliation: differences and similarities from an International and Italian business perspective author.

Arbitration, Mediation and Conciliation: differences and similarities from an International and Italian business perspective

The authors would like to express their gratitude to Prof. Gregg Relyea, for his important contribution to this article.Historically, methods...

By Alessandra Sgubini, Andrea Marighetto, Mara Prieditis
Internal Business Conflicts author.

Internal Business Conflicts

I received a call the other day from a business owner with an internal business conflict. “I have a general...

By Douglas Noll
Something for Nothing! author.

Something for Nothing!

Well, that is what everyone is looking for, but generally there is a catch! In Hong Kong the Hong Kong...

By Stephen Tennant
Business Mediation Helps Firms Make Leadership Changes author.

Business Mediation Helps Firms Make Leadership Changes

The impending retirement of a founding partner can be a profound challenge. The engineers at SHN, a Eureka, California, professional...

By David Gage, John Gromala
Should Mediators Take The Reins? Evaluative Interventions In Mandatory Mediations author.

Should Mediators Take The Reins? Evaluative Interventions In Mandatory Mediations

Most mediators asked whether they should take the reins would probably answer in the affirmative. Proactive intervention is almost always...

By Peter Annis
Commercial Mediation – “We Ain’t Seen Nothing Yet” author.

Commercial Mediation – “We Ain’t Seen Nothing Yet”

Although mediation enjoys wide acceptance in North America and beyond for its effectiveness in the resolution of commercial disputes, “surface...

By Richard Weiler
Impasse Breaking Tip: What Would it Sound Like To You If They Understood? author.

Impasse Breaking Tip: What Would it Sound Like To You If They Understood?

I anguished over whether to write this piece or not. On one hand, I wanted to share this experience with...

By Tom Oswald
Fundamentals of Conflict for Business Organizations author.

Fundamentals of Conflict for Business Organizations

"In the middle of difficulty lies opportunity." Albert EinsteinEvery conflict holds the opportunity for creating improved processes and developing innovative...

By Lawrence Kahn
Mediation in Copyright Disputes: From Compromise Created Incentives to Incentive Created Compromises author.

Mediation in Copyright Disputes: From Compromise Created Incentives to Incentive Created Compromises

Winning Essay in the Law Student Category2002 James Boskey ADR Writing Competition. The competition is Sponsored by the ABA Section...

By Stephen Anway
What Kind Of Commercial Mediator Are You author.

What Kind Of Commercial Mediator Are You

Are you a specialist or generalist commercial mediator? Has anyone ever asked you this question? Sometimes I get interrogated about...

By Tom Oswald

Featured Mediators

Find a Mediator

X
X
X