Category: Commercial

The Psychology and Neurobiology of Mediation author.

The Psychology and Neurobiology of Mediation

NOTE: The following article is a summary of some of the points made in Elizabeth Bader’s recent article, The Psychology...

By Elizabeth Bader
What “The Blind Men and the Elephant” Can Teach Us About Perspective at the Mediation Table author.

What “The Blind Men and the Elephant” Can Teach Us About Perspective at the Mediation Table

Originally printed in the Detroit Legal News.Frequently, disputes arise out of the different perspectives of the parties.  Parties may observe...

By Sheldon Stark
Increased Complexity of Commercial Disputes Requires a New Approach author.

Increased Complexity of Commercial Disputes Requires a New Approach

The cost of commercial litigation continues to rise, as a highly politicized world produces pervasive economic and policy uncertainty.  As...

By Jonathan Ewing, Robert Bergman
Cooperation with a Competitor author.

Cooperation with a Competitor

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively...

By Charlie Irvine
Serious Gaming in Water author.

Serious Gaming in Water

"Where has the fun around water gone? What happened to the joy that brought us into the sector in the...

By Fatima Taha, Shelby Hockaday, Todd Jarvis
Michael Leathes’ New Negotiation Book – Book Review author.

Michael Leathes’ New Negotiation Book – Book Review

Business Conflict Blog by Peter PhillipsMichael Leathes has written a book on negotiation that is aimed at corporate counsel.  In...

By Michael Leathes
Conflict and the Advent of Social media in the Evolution of Society author.

Conflict and the Advent of Social media in the Evolution of Society

Social media is changing how society behaves at a pace that we just cannot fathom.  We have embraced it with...

By Michael Johnson
Consumer Redress and “The New Handshake” author.

Consumer Redress and “The New Handshake”

Business Conflict Blog by Peter PhillipsFor many years, a tempest has surrounded public policy approaches to consumer protection, largely implicating...

By F. Peter Phillips
The Agreement to Arbitrate and the ‘Applicable Law’ author.

The Agreement to Arbitrate and the ‘Applicable Law’

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesAlan S. Rau, Mark G. and Judy G. Yudof Chair of...

By Beth Graham
2014-2017 BBB Complaints Against Mediation.com author.

2014-2017 BBB Complaints Against Mediation.com

At Mediate.com, we receive multiple complaints each week about another company, Mediation.com. These detailed reports from BBB are instructive as...

By James Melamed, J.D.
Aragaki – The Dao of Friendly Skies author.

Aragaki – The Dao of Friendly Skies

Indisputably Guest post by Hiro AragakiFOI Hiro Aragaki (Loyola-LA) provides his thoughts on last week’s United Airlines debacle. In the...

By Art Hinshaw
3 Things that Mediation is NOT author.

3 Things that Mediation is NOT

3 Things that Mediation is NOT Mediation has become a popular alternative to court proceedings, with mediators resolving disputes of...

By Justin Kelsey
A Transformative Parenting Mediation Model author.

A Transformative Parenting Mediation Model

Parenting mediation can be uplifting and affirming. The key is using a model that works for the parents and provides...

By Wayne Plenert
The Conflict Calculator: Estimating the costs of conflict in a workplace team author.

The Conflict Calculator: Estimating the costs of conflict in a workplace team

If in workplace teams, conflict is normal, inevitable, and I would argue required to succeed, the question then becomes whether...

By Mark Batson Baril
Supreme Court Approves Drafting Role for Lawyer Mediators author.

Supreme Court Approves Drafting Role for Lawyer Mediators

On January 12, 2017, the Wisconsin Supreme Court approved Rule Petition 16-04 that expanded the role of lawyer mediators in...

By Susan Hansen, Susan Hansen
Secondments in International Arbitration author.

Secondments in International Arbitration

Kluwer Mediation Blog and Kluwer Arbitration BlogDespite the heavy workload, practicing international arbitration can be fun; you are always challenged...

By Daniel Dilor, John Lande, Raul Pereira de Souza Fleury
Supremes Grant Cert on NLRB Challenge to Class Waiver author.

Supremes Grant Cert on NLRB Challenge to Class Waiver

Business Conflict Blog by Peter Phillips As has been widely reported, the Supreme Court has granted certiorari to review three...

By F. Peter Phillips
The Role of Ombudsmen and The Recurring Ethical Crisis  in the American Financial Services Industry author.

The Role of Ombudsmen and The Recurring Ethical Crisis in the American Financial Services Industry

In September 2016, Wells Fargo, a major financial institution of the US, fired over 5000 employees for misconduct, and issued...

By Alia Ismail
4 Things You Should Know About Civil Mediation author.

4 Things You Should Know About Civil Mediation

Over the course of the last 25 years, mediation has grown to become the preferred alternative method of dispute resolution...

By Chris McHallam
The College Education Expense; How to Share the “Experience” author.

The College Education Expense; How to Share the “Experience”

The vast majority of parents want their children to attend college.  Not uncommonly, a parent will reinforce their objective by...

By Dr. Lynne C. Halem
Family Business Disputes author.

Family Business Disputes

Problems that arise in running a family business sometimes manifest themselves as legal claims. That seems obvious when the company...

By Joe Markowitz
Avoiding Court in Business Disputes author.

Avoiding Court in Business Disputes

For business owners, few problems elicit terror like the threat of litigation. Months spent in court, devastating payouts, negative news...

By Richard Gertler
Stepping Outside of Ourselves author.

Stepping Outside of Ourselves

PGP Mediation Blog by Phyllis G. PollackNot everyone lives the way we do. And just because someone may do things...

By Phyllis Pollack
Renewing And Strengthening Relationships In The New Year author.

Renewing And Strengthening Relationships In The New Year

Texas Conflict Coach Audio Blog by Pattie Porter One of my favorite artists is singer Carly Simon. I was reintroduced...

By Patricia Porter
The Truth about Pirate Jenny –why revenge doesn’t solve workplace resentments author.

The Truth about Pirate Jenny –why revenge doesn’t solve workplace resentments

Conflict Remedy Blog by Lorraine SegalWhen you feel like you’ve been wronged or treated unfairly at work it’s very natural...

By Lorraine Segal
What to Think About When Your Business is Breaking Up author.

What to Think About When Your Business is Breaking Up

It is time to go. Leave the business. Exit your partnership. Whether you simply don’t have the heart for the...

By Jason Dykstra
NY Times: “Arbitration” = Secretive and Unfair author.

NY Times: “Arbitration” = Secretive and Unfair

Business Conflict Blog by Peter Phillips On the front page of today’s New York Times there appears an article reporting...

By F. Peter Phillips
And Then There’s Wells Fargo author.

And Then There’s Wells Fargo

From Maria Simpson's Two-Minute Leadership blogInternal conflict resolution systems save huge amounts of money for their organizations, provide support for...

By Maria Simpson
CONCUR case in just-published book: Joint Fact Finding in Urban and Environmental Planning Disputes author.

CONCUR case in just-published book: Joint Fact Finding in Urban and Environmental Planning Disputes

Joint fact-finding (JFF) rests on devising a deliberative process to investigate critical technical issues in a format that is jointly...

By Scott McCreary

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