Commercial Mediation Articles
The use of mediation in resolving consumer disputes has always been a subject of curiosity, generating much debate.
(9/29/17)Stephen Kotev, Patricia Porter
Got Conflict? Are you a worker taking on short projects or “gigs?”
When I get a call about workplace conflict, I often find that these 4 things are true.
The article is about general foundations and principles of family
conflicts in relationship to mediation focus. The
overall article is a summary study in 10 steps for family conflicts
through mediation process.
This article discusses the Zen at the Gym (part 3).
If you believe someone is aggressive, could they behave more aggressively with you than with others?
When you see an overweight person walking down the street, or perhaps sitting in a meeting with you, what is your reaction? Do you cringe or try to avoid that person?
(9/10/17)L. Randolph Lowry
This is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus Institute for Dispute Resolution at Pepperdine.
(9/07/17)Klaus Peter Berger
This is a book review by Michael Leathes of Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration by Klaus Peter Berger.
The goal of this article is to provide tools for health care employees and employers to support everyone acting with greater emotional intelligence.
(8/21/17)Jenny Driver, Mirella Kreder, Gracious Timothy
Following two successful editions of the IBA-VIAC Consensual Dispute Resolution Com-petition in Vienna, Dispute Resolution literally went international again in its 3rd generation in July 2017.
This Editorial is about corporate mediation, and that is not always CEO stuff. The question is raised whether your CEO is open to this corporate mediation stuff.
From a psychological perspective, the most important problem in mediation is that people take the conflict personally and the outcome of the mediation as a reflection of who they are. This article deals with the psychology and neurobiology of this phenomenon, and how to deal with it in mediation.
“It’s important to set ground rules at the start of a mediation, and then you can remind the parties of those rules if they get off track later,” said a trainee in one of my mediation courses.
Elizabeth Chika Tippett, Associate Professor and Conflict & Dispute Resolution Program Faculty Co-Director at the University of Oregon School of Law, and Bridget Schaaff, University of Oregon School of Law, have published “Misclassification in the Sharing Economy: It’s the Arbitration Agreements.”
Frequently, disputes arise out of the different perspectives of the parties. Parties may observe the same facts but their perceptions of what happened and why may turn on where they stood, what role they were playing or what they were thinking at the time of the occurrence or event at the center of the controversy.
(7/28/17)Robert Bergman, Jonathan Ewing
The cost of commercial litigation continues to rise, as a highly politicized world produces pervasive economic and policy uncertainty.
Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together."
(7/21/17)Shelby Hockaday, Todd Jarvis, Fatima Taha
This paper discusses the use of serious gaming as a method for water resource conflict-negotiation.
This is the complete interview by Robert Benjamin with Ken Cloke, author and Founder of Mediators Beyond Borders, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Michael Leathes has written a book on negotiation that is aimed at corporate counsel.
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.
Social media is changing how society behaves at a pace that we just cannot fathom. We have embraced it with open arms, but have we taken three steps back to digest it and understand how societal social skills have been affected?
(4/28/17)F. Peter Phillips
For many years, a tempest has surrounded public policy approaches to consumer protection, largely implicating three utterly inapt legal constructs.
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Alan S. Rau, Mark G. and Judy G. Yudof Chair of Law at the University of Texas at Austin School of Law, has published “The Agreement to Arbitrate and the ‘Applicable Law’.”