Commercial Mediation Section


Commercial Mediation Articles


Ariel Kirzner

Should Employment Matters with Religious Connotations be Dealt with in Court or by Mediations?

(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.

Clare Fowler

Build the Toolbox

(11/10/20)Clare Fowler

Mediate.com is launching a project with mediator-designed resources called Build the Toolbox.

Sharon Woodhouse

Top 10 Tips for Property Disputes

(11/06/20)Sharon Woodhouse

This article looks at how to resolve your property dispute as a commercial tenant, home renter, or landlord.

Bruce Edwards

Virtual Mediation; An Enhanced Process or an Ephemeral Solution?

(10/30/20)Bruce Edwards

Will the future have room for both virtual and in-person mediation? The pandemic is presenting a generational opportunity for accommodation and change.

Sarah Daitch

Group Decision-Making on Complex Public Issues: An experiment with structure.

(10/26/20)Sarah Daitch, Jordi Honey-Rosés

This article is a comparison of two facilitation approaches to group decision-making.

Clare Fowler

Because Mediators Deserve a Personality Test Too

(10/18/20)Clare Fowler

This is a personality test, just for those in the dispute resolution field. Because mediators deserve a personality test too.

Mediated Settlement Agreements in India - To Enforce or Not ?

(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.

Clare Fowler

Zoom Fatigue Uncovers Mediators' Secret Weapon

(9/05/20)Clare Fowler

As more mediators practice via Zoom and experience Zoom fatigue, they are discovering something about themselves.

Online Mediation Worth the Screen Time

(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.

Judy Rashid

Racial Justice Conflict: How “Historical” Racial Symbols Shape Perception, Practices, and Policy

(9/03/20)Judy Rashid

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.

Kenneth Cloke

Mediation, Neutrality, Political Conflicts, and the 2020 Elections

(8/31/20)Kenneth Cloke

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.

Vanessa Rose

Using Assertive Communication as a Way to Prevent Conflict in the Workplace

(8/29/20)Vanessa Rose

Practicing effective communication is one of the most impactful ways to prevent conflict in the workplace.

Gregg Relyea

Conflict During COVID--Combined Voices from all Seven Continents

(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.

Andrea Maia

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: South America

(8/24/20)Andrea Maia, Gregg Relyea

This article discusses the "Community Spread" of Mediation in a Post COVID-19 World.

Apologies and Alternative Dispute Resolution Utility in Medical Malpractice

(8/20/20)Ava Hacopian

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.

Jim Melamed

Comparing Mediation Websites

(8/17/20)Jim Melamed

According to brand new 8/16/2020 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!

Nadja Alexander

Seven Keys to Unlock Mediation’s Golden Age - The Introduction

(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.

Colin Rule

Separating the People from the Problem - Colin Rule and the Rise of Online Dispute Resolution

(7/31/20)Colin Rule

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.

Christopher Sheesley

Two Words

(7/31/20)Christopher Sheesley

After helping thousands of people resolve disagreements at work, I have found that you can help people with these two words.

Lorraine Segal

Feedback, Hot Buttons, and White Fragility

(7/28/20)Lorraine Segal

Being open to difficult feedback, even about racism, can help you grow.

S Kushi

The Delhi Pact, 1950: Negotiating to Not Wage War

(7/28/20)S Kushi

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.

Tim Hicks

3rd Key-Education: Include Learning in Psychology & Brain Science to Enhance Mediator Practice

(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.

Sean Gander

Therapeutic Alliances in Organizations

(7/25/20)Sean Gander

This article discusses therapeutic alliances in organizations: fostering collaboration, mitigating conflict, and improving performance.

Frank Burke

In an ODR World, Is the Time Right to Switch to Multiple Shorter, Staggered Mediation Sessions?

(7/21/20)Frank Burke

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.

David A. Hoffman

Interview with David Hoffman

(7/20/20)David A. Hoffman

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.

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