Commercial Mediation Articles
On Thursday, August 30, 2018 the Canadian Federal Court of Appeal did the unthinkable.
Today, the environment in which we work is complex and constantly changing, team members come and go and there is constant rethinking about goals, approaches and adaptation.
This is a brief article covering the background of the Birbrower case and the adoption of new legislation in California which will allow foreign attorneys to appear in international arbitrations.
Two common themes emerged from a recent panel discussion. First, the idea of a growing ecosystem; and, second, a changing culture.
Construction projects often produce disputes. Mediation can help resolve such disputes, quickly, confidentially, and efficiently. This Article offers ten tips for success in mediation.
This article discusses 12 tips for hiring the right mediator for the right situation.
Navigating the United States’ approach to mediation can be tricky for international firms as there is no uniform approach.
In the 9 years since I left my own toxic workplace, I’ve coached and consulted with people in all stages of being bullying or mobbed (bullied by a group).
This is the complete interview by Robert Benjamin with Tom Stipanowich, Co-Director of Pepperdine's Straus Institute for Dispute Resolution and former Director of CPR in New York, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
This article discusses the ethics behind a mediator acting as a translator and drafting an agreement when there are dual languages.
What are dispute resolution clauses (DR clauses)?
In many job descriptions posted in March and April this year on Indeed, the job announcements include conflict resolution or conflict management as required or desirable skills.
It may come as a surprise that online dispute resolution has been around for more than twenty years.
This is the complete interview by Robert Benjamin with law professor Leonard Riskin filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.
Settling the issue of who should take legal guardianship over a ward can be a long, drawn out, and tedious process.
This is the complete interview by Robert Benjamin with Howard Bellman, a long-time leader in the field of labor-management mediation and mediation in the public sector generally, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
The problem with the Ba Association is a lack of agreed upon understanding of what "its critical public protection functions" entails.
This is the complete interview by Robert Benjamin with Roger Fisher, author of 'Getting to Yes' and other negotiation and dispute resolution books and founder of the Harvard Project on Negotiation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.
(4/06/18)Eric Van Loon
Except in “bet the company” circumstances, extensive discovery, dispositive motions, expert reports, and hearing costs are making courthouse litigation cost prohibitive.
A powerful tool for healing and transforming conflict at work is affirming and envisioning harmony.
Social and news media bombard us daily with accounts of sexual harassment and misconduct by captains of industry, the arts and politics.
(3/16/18)Donald T. Saposnek
After 911, our lives changed seemingly forever. No longer a safe, secure, innocent society, Americans have come to a tipping point.
This paper provides a brief overview of mediation with a focus on clients’ self-determinism in family mediation or family dispute resolution (FDR) and Ontario court-connected alternative dispute resolution (ADR) programs.
This is the complete interview by Robert Benjamin with Michael Lewis, a long-time leader in the field of mediation, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Series.
(2/27/18)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.