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Category: Commercial

England & Wales (finally) Embrace Mediation author.

England & Wales (finally) Embrace Mediation

In England and Wales (E&W) we are about to put hundreds of thousands of cases through ADR.  Endless hesitation and...

By Tony Guise
Mediation Isn’t Always About Money author.

Mediation Isn’t Always About Money

Two large corporations entered into a contract to do business together. But, almost immediately, the agreement dissolved into disagreements, a...

By Charles Schneider
Who Says Mediation is Not for Complex Cases? author.

Who Says Mediation is Not for Complex Cases?

Mediation has rightfully earned a reputation as being a generally easier and less expensive road to divorce. Unfortunately, it has...

By Scott Levin
ICODR Podcast Episode 22: Keri Morris and Isobel Egerton on ODR for Domain Name Disputes author.

ICODR Podcast Episode 22: Keri Morris and Isobel Egerton on ODR for Domain Name Disputes

In this episode of the ICODR podcast Ian speaks with Keri Morris and Isobel Egerton about ODR for Domain Name...

By Ian MacDuff
Mediate.com Podcast Episode 37 – Mediating the Business Divorce with Margeaux Thomas author.

Mediate.com Podcast Episode 37 – Mediating the Business Divorce with Margeaux Thomas

If you've ever been curious about the attorney perspective on what makes for an effective mediation, then this episode is...

By Veronica Cravener
ICODR Podcast Episode 20 – Why Is Justice Lagging Behind? with Mirèze Philippe author.

ICODR Podcast Episode 20 – Why Is Justice Lagging Behind? with Mirèze Philippe

You need to believe in a project. If you don't believe in it, you can't take it forward."  In this...

By Mirèze Philippe, Ian MacDuff
The Italian Mediation Reform: Elements and Perspectives author.

The Italian Mediation Reform: Elements and Perspectives

Speaking about mediation in Italy can be harder than it seems. Because - with the development, the regulations, and the...

By Sergio Fontana, Marco Imperiale
Mediate.com Podcast Episode 34: Can the Mediation Community Be Responsive To Changing Consumer Trends? with Linda Heng author.

Mediate.com Podcast Episode 34: Can the Mediation Community Be Responsive To Changing Consumer Trends? with Linda Heng

Let's speak to a mediator." Wouldn't it be great if parties in a dispute said that to one another as...

By Veronica Cravener
APEC (Asian Pacific Economic Cooperation) Study on Best Practices in Using ODR author.

APEC (Asian Pacific Economic Cooperation) Study on Best Practices in Using ODR

This study details best practices for the use of ODR for commercial disputes in APEC and the need for a...

By Michael Dennis
How Will AI Change Mediation? 3 Bold Predictions author.

How Will AI Change Mediation? 3 Bold Predictions

AI market share in the United States is expected to be $190.61 billion by 2025. 44% of companies want to...

By Shane Ray Martin
Who says Mediation is not for Complex Cases? author.

Who says Mediation is not for Complex Cases?

Debunking common Myths about Mediation and Asserting how Litigators can help with the process Mediation has rightfully earned a reputation...

By Scott Levin
Developing Mediation Culture in Civil Law Systems: A tale of two countries – Italy & Georgia (Part 1) author.

Developing Mediation Culture in Civil Law Systems: A tale of two countries – Italy & Georgia (Part 1)

Although modern mediation and other out-of-court settlement practices have emerged mainly from common law legal cultures, many civil law countries...

By Chiara Tondini
Preventive Mediation author.

Preventive Mediation

Undoubtedly for centuries the word mediation has been tied to conflicts. Mediation is considered a form of dispute resolution. And...

By Fred E. Jandt
Making Mediation Work in Your Favor – How to Approach Mediation in High Stakes Litigation author.

Making Mediation Work in Your Favor – How to Approach Mediation in High Stakes Litigation

By Jonathan Pollard Florida litigation attorney Jonathan Pollard discusses mediation strategy. Mediation is now an unavoidable and often mandatory part...

By Jonathan Pollard
What Happens Now? Succession Planning for Family Owned Businesses author.

What Happens Now? Succession Planning for Family Owned Businesses

“Won’t Someone Take Over for Me?” read a recent headline in the Business Section of The New York Times (01/05/2023). ...

By Dr. Lynne C. Halem
A Guide for Small Businesses to Resolve Disputes through Mediation author.

A Guide for Small Businesses to Resolve Disputes through Mediation

Small businesses are just as likely as large and mid-sized companies to get involved in disputes with suppliers, customers, competing...

By Carmela DeNicola
Van Winkle: An Unintended Consequence of Zoom Mediations author.

Van Winkle: An Unintended Consequence of Zoom Mediations

Originally published in The Indiana Lawyer. Abstract: The suspension of the in-person attendance requirement for mediations has resulted in remote...

By John R. Van Winkle
ICODR Podcast Episode 15: Professor Orna Rabinovich-Einy of the Faculty of Law at the University of Haifa. author.

ICODR Podcast Episode 15: Professor Orna Rabinovich-Einy of the Faculty of Law at the University of Haifa.

In this episode of the ICODR podcast, Ian interviews Professor Orna Rabinovich-Einy of the Faculty of Law at the University...

By Orna Rabinovich-Einy, Ian MacDuff
ODR in Aotearoa: What’s in a Name? author.

ODR in Aotearoa: What’s in a Name?

As the regulator of the .nz domain name space in the information age, there is an expectation that the New...

By Keri Morris
Why Refusing to Mediate and Collaborate Can Be Costly Business author.

Why Refusing to Mediate and Collaborate Can Be Costly Business

Choosing mediation to resolve long and complicated legal wrangles is encouraged across the legal sector and yet, in some cases,...

By Dakota Murphey
Aaron Judge Contract Negotiations: A Case Study in Leveraging Power author.

Aaron Judge Contract Negotiations: A Case Study in Leveraging Power

For those of you who are not sports/baseball fans, you may not have known (or cared) that Aaron Judge, who...

By Jill Gross
Business vs Values in Negotiation: FIFA and Qatar author.

Business vs Values in Negotiation: FIFA and Qatar

What is the balance in business vs. values in negotiation? Watching this years World Cup has been different but the...

By Bob Bordone
Conflict Tipping Podcast Episode 11: Mediator and Facilitator Felicity Steadman author.

Conflict Tipping Podcast Episode 11: Mediator and Facilitator Felicity Steadman

In this episode Laura interviews Mediator and Facilitator Felicity Steadman. Felicity's career started out in the turbulent apartheid years in...

By Felicity Steadman, Laura May
ODR and Airline Disputes author.

ODR and Airline Disputes

Presentation from the 2022 ODR Forum meeting in Dublin, Ireland https://youtu.be/XkC0CxTcjVY

By Colin Rule
Ethan Katsh interview – The Origins of Online Dispute Resolution author.

Ethan Katsh interview – The Origins of Online Dispute Resolution

Ethan Katsh, interviewed by Colin Rule, for the International Council of Online Dispute Resolution (icodr.org) and Mediate.com -- August 6,...

By Ethan Katsh, Colin Rule
The Benefits of using ADR in Resolving PI Disputes author.

The Benefits of using ADR in Resolving PI Disputes

In this podcast, JAMS neutrals Judge Sherry Klein Heitler and Judge Richard McDermott give listeners a deeper look into the...

By Sherry Klein Heitler
Wrangling Emotions author.

Wrangling Emotions

Howard Herman gets parties out of battle mode in cases with complex power dynamics After 37 years, including 23 years...

By Howard Herman
Improve Conflict-Handling Behavior in Groups author.

Improve Conflict-Handling Behavior in Groups

I’d like to share some of the work I’ve done with applying the TKI in groups in order to improve conflict-handling behavior...

By Ralph Kilmann
An Introduction to Collaborative Construction Contracts for Large and International Projects author.

An Introduction to Collaborative Construction Contracts for Large and International Projects

Where there is construction, there are contracts. Typically, these contracts are obtained through a competitive, hard-bid process, which is often...

By Peter Kamminga
Investor-State Mediation: A New Way to deal with Old Problems author.

Investor-State Mediation: A New Way to deal with Old Problems

Similar to commercial arbitration, a large proportion of treaty-based investor-state disputes involve construction issues. In the International Centre for the...

By Joe Tirado

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