Commercial Mediation Articles
(8/13/21)Jennifer Schulz, Pat Bragg
What a fun, dense, and important read about mediation!
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.
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).
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.
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.
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.
You may have seen this recent New York Times story about the failure of Marathon County, Wisconsin, to declare itself “A Community for All.”
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.
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.
(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.
(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.
(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.
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.
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.
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.
(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.
Working remotely during the coronavirus pandemic has highlighted the need for organizations to demonstrate their emotional qualities.
The COVID-19 pandemic and a series of government shutdown orders have negatively impacted many contracts and commercial leases, either preventing or slowing performance and upending the expectations of contracting parties.
(2/11/21)Dawn Bedlivy, Kim Faircloth
By the time Lee visited HR to request a mediation, he was frustrated and mad.
Lawyers love conflict. They thrive on it. If anyone can coexist with conflict, it’s a lawyer.
FUBAR Zoom mediation: A Field Guide for Mediators. FUBAR = Fouled Up Beyond All Recognition
(12/27/20)Veronica Cravener, Jessica Kavinsky
The Franklin County Municipal Court (FCMC), located in Columbus, Ohio offers online, text-message mediation. This article highlights the data from mediations completed entirely online, by text message, in one of FCMC’s mediations programs.
Recently, I did a consultation with two long-term employees who had periodic flare ups of conflict. Here are some of the suggestions I gave the owner.
Biden and Harris won the election, but what exactly did they win? What was lost in the process? And, as mediators and citizens, what do we do next?
(12/07/20)Ariel Kirzner, Bruce Ally
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This article focuses on a specialized class of employment law and human rights issues where there an overlap exists between matters of creed or religion and the legal relationship. In heterogeneous societies, people will disagree, sometimes passionately and fundamentally, over socio-politics, economics, spirituality and other beliefs and conduct.