Commercial Mediation Section
Commercial Mediation Articles
Apologies and Alternative Dispute Resolution Utility in Medical Malpractice
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.
Comparing Mediation Websites
According to brand new 8/16/2020 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!
Seven Keys to Unlock Mediation’s Golden Age - The Introduction
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.
Separating the People from the Problem - Colin Rule and the Rise of Online Dispute Resolution
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.
Two Words
After helping thousands of people resolve disagreements at work, I have found that you can help people with these two words.
Feedback, Hot Buttons, and White Fragility
Being open to difficult feedback, even about racism, can help you grow.
The Delhi Pact, 1950: Negotiating to Not Wage War
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.
Therapeutic Alliances in Organizations
This article discusses therapeutic alliances in organizations: fostering collaboration, mitigating conflict, and improving performance.
3rd Key-Education: Include Learning in Psychology & Brain Science to Enhance Mediator Practice
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.
In an ODR World, Is the Time Right to Switch to Multiple Shorter, Staggered Mediation Sessions?
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.
4th Key-Professionalism: Act to Ensure Mediation is Respected as a True Professional Practice
This article discusses the importance of professionalism to ensure that mediation is being taken seriously.
4th Key-Professionalism: Modernize the Culture Driving Legal Practice
This article discusses professionalism and the need to modernize our mediation culture.
Interview with David 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.
Using E-Mediation and Online Mediation Techniques for Conflict
Where medicine may have been conventional, the most conservative profession is often thought to be law.
6th Key-Government: Make Mediation a Prerequisite to Civil Litigation
Buckminster’s Law derives from the futurist and inventor, R. Buckminster Fuller, who dedicated his life to “making the world work”.
Legal Framework of Mediation in India and the Scope of Virtual Mediation
The Indian Government announced a complete indeterminate lockdown across the nation in the month of March amid the spread of Corona Virus (COVID-19). This has effected the ability of people to resolve disputes.
Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Europe
This article examines how the 7 continents are dealing with conflict during COVID. This one examines the view from Europe.
Mediate.com Launches MediationExpress Online Mediation Service
Mediate.com has launched an affordable and confidential online mediation service for property, eCommerce and workplace disputes. Participants keep full decision-making control and can get started for only $99.
Mediation in the Legal Culture of Italian Lawyers: Some Data from an Empirical Study
In this short article, the author outlines the main findings of a qualitative research study conducted in Italy in 2018 with the purpose of understanding how mediation is enculturated in the legal culture of local attorneys, and what role, if any, the local law regulating mandatory mediation plays in this regard.
Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Australia
This article series includes viewpoints on the current state of conflict resolution from all 7 continents. This article focuses on North America.
Online Dispute Resolution Pioneer Colin Rule Named Mediate.com CEO
Mediate.com announced today that Colin Rule has been named President and Chief Executive Officer. Jim Melamed, the company’s co-founder and CEO for 25 years, is now chair of the board and general counsel.
Contract Exclusions Count
New arbitration case denying a motion to compel arbitration of claims alleging violation of the 12-year-old Illinois Biometric Information Privacy Act
New NAA Opinion on Requiring Video Hearings
What if one party in an arbitration refuses to use videoconferencing? Should arbitrators be able to order a video hearing over a party's objection?
Facilitating Positive Change in the Workplace
Facilitation can be transformative. It permits employers and employees to engage in authentic dialogue and reach collective decisions aligned with their core values.
Online Dispute Resolution (ODR): The Great Tool in Times of Pandemic
Those of us who have been working for many years, not only in the academic field, but also in a practical way in On Line Dispute Resolution (ODR), that we call on line or electronic, feel that in these times "the future is here ”