Commercial Mediation Articles
As they say, if two people always agree, one of them is unnecessary.
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(11/17/17)Michael A. Zeytoonian
The opposition in disputes is not “the other side”, because I don’t see a workplace in terms of having two sides – employees vs. employers.
This is a review of the book Lawyer Negotiation: Theory, Practice and Law, by Jay Folberg and Dwight Golann.
In a world where international commerce and cultural exchanges continuously progresses, disputes are unavoidable. Solving these cross-jurisdictional disputes through litigation is painfully long.
When we’ve put in effort to solve a problem, we want our solution, decision, or agreement to have every chance at long-run success.
(11/06/17)F. Peter Phillips
In addition to the usual high level of discourse and the unparalleled opportunity to meet new friends and keep the old, this particular Forum offered the additional opportunity to reassess the extraordinary richness of Singapore as a world center for international commerce and commercial dispute resolution.
Many incorrectly associate “active listening” with aggressive listening, where we constantly search for a slip up or error upon which we can pounce.
(10/06/17)Ronald S. Kraybill
Isolation and polarization are big threats today.
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.”
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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.