Commercial Mediation Articles
(12/07/20)Ariel Kirzner, Bruce Ally
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.
Mediate.com is launching a project with mediator-designed resources called Build the Toolbox.
This article looks at how to resolve your property dispute as a commercial tenant, home renter, or landlord.
Will the future have room for both virtual and in-person mediation? The pandemic is presenting a generational opportunity for accommodation and change.
(10/26/20)Sarah Daitch, Jordi Honey-Rosés
This article is a comparison of two facilitation approaches to group decision-making.
This is a personality test, just for those in the dispute resolution field. Because mediators deserve a personality test too.
(10/09/20)Ved Thakur, Yash More
Article 30 of the UNCITRAL Model Law on International Commercial Arbitration encourages resolution of disputes through a settlement between parties by way of mediation.
As more mediators practice via Zoom and experience Zoom fatigue, they are discovering something about themselves.
(9/03/20)Ehsan Ali, Alnoor Maherali
COVID-19 caused a surge in commercial and interpersonal conflict. At the same time, courts are closed, halting society’s traditional route of dispute resolution.
As the world continues to grapple with racial injustice and unrest as masses of people from all ethnicities protest in the streets, this article examines the subliminal influence of historical racial symbols and practices namely, statues and monuments, slave plantation sites and tours, market houses where slaves
were sold, and street names that bear the scars of slavery.
In the US, and in different ways in countries around the world, we are now facing five, and perhaps six significant crises, each with its own distinct set of conflicts.
Practicing effective communication is one of the most impactful ways to prevent conflict in the workplace.
(8/28/20)Gregg Relyea, Kenneth Cloke, David Bogan, Carla Marcucci, Hitoshi Suzuki, Adedoyin Rhodes-Vivour, Rory O'Connor, Andrea Maia
This article combines voices from all 7 continents as they discuss how COVID has affected the conflict resolution field around them.
(8/24/20)Andrea Maia, Gregg Relyea
This article discusses the "Community Spread" of Mediation in a Post COVID-19 World.
Apologies for medical errors and poor medical outcomes are typically omitted from the practice of medicine in the classic tort malpractice approach to managing communication to the detriment of injured patients.
According to brand new 8/16/2020 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!
(8/02/20)Nadja Alexander, Lela Love
Mediate.com has published a series of peer reviewed articles and videos under the collective title Seven Keys to Unlock Mediation’s Golden Age. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future.
This article from Harvard's "The Practice," shines a light on ODR and its evolution using Colin Rule’s career as a guide. In building ODR systems for the world’s largest online marketplace and for court systems across the country, Rule’s career offers a window through which to observe and understand the larger ODR movement—a movement that is all the more important as the world grapples with the continued impacts of COVID-19.
After helping thousands of people resolve disagreements at work, I have found that you can help people with these two words.
Being open to difficult feedback, even about racism, can help you grow.
This article critically analyses the various flaws in the 6-day negotiation that took place between the Indian and Pakistani Government with respect to the Liaquat-Nehru Pact. It throws light on the fact that though this negotiation wasn't principally ethical or viable but was very much required to save the world from becoming a spectator to yet another war.
(7/25/20)Tim Hicks, John Sturrock
Fundamentally, mediators work with people’s psychologies and identities, their worldviews and self-views - everything that makes up what it is to be a human being.
This article discusses therapeutic alliances in organizations: fostering collaboration, mitigating conflict, and improving performance.
I believe it is time to start a conversation about whether shorter, staggered sessions ought to be considered a best practice when mediating civil and commercial cases via videoconference.
(7/20/20)David A. Hoffman
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This is the complete interview by Robert Benjamin with David Hoffman, founder of The Boston Collaborative and former President of the ABA Dispute Resolution Section, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.