Commercial Mediation Section


Commercial Mediation Articles


Chris Poole

[Podcast] CEO Leadership: A Conversation with Chris Poole on His Career and the Pathway Forward for JAMS

(12/06/21)Chris Poole

A podcast produced by Arbitrate.com features JAMS CEO Chris Poole reflecting on his time at JAMS, rising to industry challenges, trends, and the future of alternative dispute resolution.

Bryanna Rainwater

CPR International Conference Highlights: ‘Effects on Cross-Border Disputes After the Singapore Convention’

(11/16/21)Bryanna Rainwater

According to the Singapore Convention on Mediation’s website, the Convention is a “multilateral treaty which offers a uniform and efficient framework for the enforcement and invocation of international agreements resulting from mediation.”

Donald T. Saposnek

Book Review of Evolution of a Field: Personal Histories in Conflict Resolution

(10/21/21)Donald T. Saposnek

This book review of Evolution of a Field: Personal Histories in Conflict Resolution, co-edited by Howard Gadlin and Nancy A. Welsh, presents an overview, with snippets of personal and autobiographical material, of this penetrating collection that comprises the “personal stories” of 23 leading practitioners and scholars in the field of conflict resolution.

John Peterson

How Much Money Does Mediation Save Companies?

(10/18/21)John Peterson

By turning their faces from the legal system, many companies have saved fortunes in the money and time that legal proceedings require.

Arthur Pressman

What Commercial Trial Lawyers Can Learn from Transactional Lawyers About Mediation

(10/14/21)Arthur Pressman

Why should we be surprised by litigators acting like litigators whether in court or in mediation?

Xavier James

Managing and Resolving Conflicts in Remote Teams

(10/14/21)Xavier James

Handling remote teams can become quite a challenging task at times, especially when a conflict arises.

Christopher Keele

Recognizing Common Internal Issues That Often Escalate Into Disputes and How ADR Can Help

(10/11/21)Christopher Keele

Here are a few examples of the tensions that arise across financial, operational, and commercial agreements.

Christopher Nolland

Overcoming The Sunk Cost Fallacy and Its Untoward Impact on Settlement Dynamics

(9/27/21)Christopher Nolland

"I’ve spent over $300,000 in legal fees and two years of my life to get here. Obviously, my lawsuit must be worth more than my investment in money, time, energy, stress, and opportunity costs."

Naveed Khan

Conflict in the Workplace – Mediation Can Make Your Team More Efficient

(9/17/21)Naveed Khan

Conflict in the workplace is inevitable when people with different values and opinions come together.

Jennifer Schulz

Book Review of Mediation and Popular Culture by Jennifer L Schulz, (2020)

(8/13/21)Jennifer Schulz, Pat Bragg

What a fun, dense, and important read about mediation!

Beth Graham

ADR is Not a Household Term

(7/30/21)Beth Graham

This Article confirms what many dispute resolution professionals have long feared – that alternative dispute resolution (ADR) processes, such as mediation and arbitration, are still not well understood by the general public.

Elise Groulx

Mediation in the Field of Business and Human Rights

(7/08/21)Elise Groulx

Mediation in the field of business and human rights to help resolve a conflict between stakeholders/workers upstream a global supply chain and corporate actors in South East Asia with the full participation of civil society (NGOs national and international).

Katherine Graham

Stress, Depression, and Heart Attacks: What Poor Management Does to Employee Health

(7/02/21)Katherine Graham

We know a toxic culture in the workplace is bad for morale, engagement, and performance. New research evidence suggests the human costs can be far more serious.

Kenneth Cloke

Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice

(6/16/21)Kenneth Cloke

As a society, we have not resolved many enduring disputes, or convinced each other, or even discussed them intelligently, but ended up instead screaming at one another, clashing violently, and being prepared to manipulate, and even jettison the entire democratic process if it doesn’t back the candidates and policies we support.

David Brown

A Mediator’s Guide to Claims Reserves in the Insurance Industry

(6/04/21)David Brown

Mediators may encounter a reluctance to settle by one or both parties during the course of a mediation session, but understanding the underlying realities of each party’s position may help break logjams.

Jen Reynolds

“A Community for All”

(6/01/21)Jen Reynolds

You may have seen this recent New York Times story about the failure of Marathon County, Wisconsin, to declare itself “A Community for All.”

Lorraine Segal

The Power of Story to Shift Conflict

(5/24/21)Lorraine Segal

When I work with clients, I first listen carefully and empathically to their story. They need to tell it and I need to hear it.

Patrick Mahoney

Virtual Hearings and Mediations Are Here to Stay

(5/24/21)Patrick Mahoney

As the COVID-19 pandemic recedes, every aspect of our pre-pandemic ways of work is under review. Simply returning to our old ways is not the answer.

Deirdre McCarthy Gallagher

Reaching the Finish Line: Using a Neutral Facilitator Can Help Lead the Path to Resolution

(5/24/21)Deirdre McCarthy Gallagher

In my 25 years of running marathons, I have learned a few critical lessons: Don’t go out too fast.

Jonathan Rodrigues

New Mediators' Guidance from Youth Conference

(5/18/21)Jonathan Rodrigues, Clare Fowler, Maria Apostolidou, Ilan David Bass, Amee Dharamshi, Melanie Koch, Nisshant Laroia, Benjamin Lutz, Gwendolyn Myers, Olivia Chisom Osuala, Lydia Ray, Sumhiya  Sallay, Jay Patrick Santiago, Salman Shaheen

This article summarizes the Young Minds, Global Voices Conference. This conference was sponsored by Mediate.com in an effort to hear from newer mediators. These 6 sessions comprised up and coming thought leaders from around the globe, forming a brain trust for how to create peace in ourselves, our community and our world.  

Bongkiyi John Paul

Mediation and Access to Justice for All: The Case of Unrepresented Parties

(5/16/21)Bongkiyi John Paul

Legal systems around the globe are grounded in the rule of law and in theory, justice is available readily and equally to all. In practice, however, access to justice is easier for some than for others, and for those unable to afford legal services, justice may be difficult to obtain.

Colin Rule

Mediate is Top Ranked Mediation Website

(4/15/21)Colin Rule

Mediate.com is ranked the top mediation website by Alexa in its April 14, 2021 global website rankings. In business since 1996, Mediate.com has over 25,000 searchable mediation articles, blog posts, news items and videos and hosts the most utilized mediator directory in the world.

Kenneth Cloke

20 Ways to Improve UNFCCC Meetings and Climate Change Negotiations

(4/02/21)Kenneth Cloke

In preparation for the next international meeting on climate change in Glasgow in November 2021, it is important to begin thinking together, not only about outcomes, but ways of improving the process of meeting, discussing, and negotiating agreements on climate change.

Martin Rosenfeld

ADR Principles and Clergy-Congregation Relations

(3/19/21)Martin Rosenfeld

It is likely that a large majority of clergy who serve congregations are hired, re-hired or terminated by the vote of the individual congregation.

Amy Schmitz

Announcing the Launch of the New and Improved Arbitrate.com

(3/09/21)Amy Schmitz, Colin Rule

After many months of work, we are very proud to announce the launch of a new Arbitrate.com site, sporting a sleek design and a powerful set of updated features and capabilities. Please consider joining Arbitrate.com and sign up for our free Arbitration Today newsletter.

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