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Category: Commercial

Diversity and Mediation author.

Diversity and Mediation

JAMS ADR Blog by Chris PooleImagine two parties locked in a bitter and acrimonious dispute that has gone through six...

By Ariel Belen
Looking to the Future:  Is There Still A Place For Proactive, Early Intervention Mediation in Our Changing Field? author.

Looking to the Future: Is There Still A Place For Proactive, Early Intervention Mediation in Our Changing Field?

As a mediation practitioner for almost thirty years, I have watched the field change dramatically.  While others have written ably...

By Nina Meierding
FINRA Dispute Resolution Makes Great Progress on Implementing Task Force Recommendations author.

FINRA Dispute Resolution Makes Great Progress on Implementing Task Force Recommendations

Indisputably In December 2015, a FINRA Dispute Resolution Task Force issued its Final Report and Recommendations for improvements to the...

By Jill Gross
Making Mediation Sexy?! author.

Making Mediation Sexy?!

Kluwer Mediation BlogIt’s that time of year again! Mediation Awareness Week is about to kick off in Ireland, the UK...

By Sabine Walsh
Lainey Feingold’s Book on Structured Negotiation author.

Lainey Feingold’s Book on Structured Negotiation

Indisputably I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation,...

By John Lande
New York’s Global Pound Conference author.

New York’s Global Pound Conference

Business Conflict Blog by Peter Phillips A group of very prominent stakeholders on commercial dispute resolution met at Cardozo Law...

By F. Peter Phillips
Boiling Down Consumer Arbitration author.

Boiling Down Consumer Arbitration

Business Conflict Blog by Peter Phillips By now I’ve attended or participated in quite a few task forces, speeches, conference...

By F. Peter Phillips

Solving the Busyness Problem

Over the past year I’ve given my share of charitable donations. The only one that I don’t get a tax...

By Jason Dykstra
Doing Commerce Requires Relationship: Why Relationship is an Important Part of Commercial Dispute Resolution author.

Doing Commerce Requires Relationship: Why Relationship is an Important Part of Commercial Dispute Resolution

As a mediator I often hear that the parties to a commercial mediation just want to undertake an evaluative or...

By Denise Evans
Where We Stand on Mediation Confidentiality, Both in California since the Cassel decision and in the Ninth Circuit author.

Where We Stand on Mediation Confidentiality, Both in California since the Cassel decision and in the Ninth Circuit

PGP Mediation Blog by Phyllis G. PollackOriginally published in The Advocate, August 2016 Issue. Download the PDF Version of the...

By Phyllis Pollack
The Arbitrator Survey: Practices, Preferences and Changes on the Horizon author.

The Arbitrator Survey: Practices, Preferences and Changes on the Horizon

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesEdna Sussman, SussmanADR LLC, has published “The Arbitrator Survey: Practices, Preferences...

By Beth Graham
New Book on Business ADR author.

New Book on Business ADR

Business Conflict Blog by Peter Phillips The ABA Business Law Section has about 50 substantive committees, many of which include...

By F. Peter Phillips
Miscommunication: A Symptom, Not Just a Cause author.

Miscommunication: A Symptom, Not Just a Cause

Institute for the Study of Conflict Transformation by Dan SimonAccording to the employee, he’d been ready and able to go...

By Dan Simon
Manage, Don’t Enable, Feuds at Work author.

Manage, Don’t Enable, Feuds at Work

Conflict Remedy Blog by Lorraine SegalWhen disagreements at work are unresolved, one of the unfortunate outcomes can be long lasting...

By Lorraine Segal
The Convening and Other First Steps author.

The Convening and Other First Steps

From Michael Carbone's Resolving It listserv.It's that time. You've just returned to your office from a case management conference. One...

By Michael P. Carbone
Interview with Terry Wakeen – Views from the Eye of the Storm author.

Interview with Terry Wakeen – Views from the Eye of the Storm

This is the complete interview by Robert Benjamin with well-known Seattle Mediator Terry Wakeen, filmed as part of Mediate.com's "The...

By Teresa Wakeen
The Differential of Mediation in Contracts of Insurance and Reinsurance author.

The Differential of Mediation in Contracts of Insurance and Reinsurance

  The current issue consists on identifying the effectiveness of insertion of clauses of mediation in contract of insurance and...

By Andrea Maia, Vivien Lys Porto Ferreira da Silva
Can Intellectual Property Disputes Be Resolved Privately—Sure, Why Not? author.

Can Intellectual Property Disputes Be Resolved Privately—Sure, Why Not?

I recently met with a group of entertainment attorneys (like myself) here in Los Angeles, some of whom were also...

By Dixon Dern

Trouble at the Top: Why CEOs Don’t Use Mediation

CMP Resolution Blog by Lesley Allport and Katherine Graham.The C-suite, the Board, senior management – call it what you will,...

By Katherine Graham
How to Better Solve Your Consumer Disputes author.

How to Better Solve Your Consumer Disputes

Consumer disputes are stressful, painful and at times ugly for both the buyer and seller. There is a lot of dissatisfaction,...

By Michael Toebe
Revelling in the Pause: Creating Sustainable, Connected Working Relationships author.

Revelling in the Pause: Creating Sustainable, Connected Working Relationships

Mediation is about revelling in the pauses, honouring them, leaning into them. It is about slowing down, about being purposeful...

By Jennifer Mahony
It Takes Pressure to Form Diamonds: The Changing Landscape of Dispute Resolution and its Implications for International Arbitration author.

It Takes Pressure to Form Diamonds: The Changing Landscape of Dispute Resolution and its Implications for International Arbitration

Kluwer Arbitration BlogWhen questioned what the users of arbitration expect from the process and what its main pitfalls are, the...

By J. Ole Jensen, Klaus Peter Berger

Pre-litigation Dispute Resolution

More evidence that the practice of law has changed in fundamental ways: At a panel presentation this week at the...

By Joe Markowitz
Compared to What? author.

Compared to What?

Indisputably My colleague, S.I. Strong, recently circulated on the DRLE listserv a link to a survey conducted in 2015 for...

By John Lande
Curbing the Runaway Arbitrator in Commercial Arbitration author.

Curbing the Runaway Arbitrator in Commercial Arbitration

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesSarah Rudolph Cole, John W. Bricker Professor of Law and Director...

By Beth Graham
The Arbitration Bootstrap author.

The Arbitration Bootstrap

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesChristopher R. Leslie, Chancellor’s Professor of Law at the University of...

By Beth Graham

How to Influence, and Direct, Parties in a Mediation

CMP Resolution Blog by Lesley Allport and Katherine Graham.Workplace mediators are able to influence the way the parties approach the...

By Katherine Graham
The Cost of Organizational Conflict author.

The Cost of Organizational Conflict

Cinergy Coaching by Cinnie Noble Ill-managed conflict costs organizations in many ways besides the expense of litigation and related claims....

By Cinnie Noble
Data will defeat “the deadening drag of status quoism” The Global Pound Conference Series has kicked off author.

Data will defeat “the deadening drag of status quoism” The Global Pound Conference Series has kicked off

In A Scandal in Bohemia, in 1891, Sherlock Holmes proclaims: “it is a capital mistake to theorize before one has...

By Michael Leathes
Sidestepping Mediation Confidentiality author.

Sidestepping Mediation Confidentiality

PGP Mediation Blog by Phyllis G. PollackOnce again, the Ninth Circuit has sidestepped discussing the contours of mediation confidentiality in...

By Phyllis Pollack

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