Commercial Mediation Articles
Life imitates art, art imitates life, and both reveal deeper patterns.
I just finished conducting a mediation (lemon law) which did not settle. And I think I know the reason.
Whenever it comes to other people, our prejudices – and a pretty basic lack of knowledge – are what tend to rule.
This is the complete interview by Robert Benjamin with Margaret Shaw, recipient of this year's Mary Parker Follett award from ACR, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.
This article looks at mandatory pre-institution commercial mediation in India and asks is this a premature step in the right direction?
(9/17/18)F. Peter Phillips
This historic Chinese summit discussed discussed implications of the Belt/Road Initiative, announced five years ago.
(9/12/18)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.
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.
According to Alexa.com, Mediate.com is most visited and most linked dispute resolution website. See the new data here!
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
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Except in “bet the company” circumstances, extensive discovery, dispositive motions, expert reports, and hearing costs are making courthouse litigation cost prohibitive.