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Category: Commercial

Valuing Commercial Enterprises In Business Litigation author.

Valuing Commercial Enterprises In Business Litigation

Much of the complex commercial litigation that I mediate requires that businesses be valued.  Although we litigators tend to hire...

By Victoria Pynchon

Steps Must Be Taken for Funding Mediation and Legal Services for Foreclosure Victims

Diane Thompson of the National Consumer Law Center made a point that has gone overlooked. She said that you can...

By Diane Thompson
Keynote Speech by Hong Kong Secretary for Justice at ICC Commercial Mediation Workshop November 12, 2010 author.

Keynote Speech by Hong Kong Secretary for Justice at ICC Commercial Mediation Workshop November 12, 2010

Introduction Thank you very much for inviting me to address you at your workshop on mediating commercial disputes this afternoon....

By Wong Yan Lung, SC
“Mediation Is A Gamble”:  A Sobering Review And Critique Of Mortgage Mediation Programs author.

“Mediation Is A Gamble”: A Sobering Review And Critique Of Mortgage Mediation Programs

Gretchen Morgenson is not a mediator; she is a business reporter for the New York Times who recently wrote an...

By Robert Benjamin
Interview with Bob Creo – Views from the Eye of the Storm author.

Interview with Bob Creo – Views from the Eye of the Storm

This is the complete interview by Robert Benjamin with Robert Creo, one of the founders of the International Academy of...

By Robert Creo
Collection “Best Practice” Long Overdue: The Option Of Mediation author.

Collection “Best Practice” Long Overdue: The Option Of Mediation

“When the only tool you have is a hammer, everyone looks like a nail.” If that isn’t true of the...

By Jerry Ashton
Dispute Prevention As Cure: The Auction Form Of Negotiation author.

Dispute Prevention As Cure: The Auction Form Of Negotiation

In “Deal Maker: Lessons From the Blind Master Negotiator” (Authourhouse.com) the authors present five different approaches to negotiation. The Power...

By Joseph Dean Klatt, Michael M. Forbes
Interview with Glenn Sigurdson – Views from the Eye of the Storm author.

Interview with Glenn Sigurdson – Views from the Eye of the Storm

This is the complete interview by Robert Benjamin with Glenn Sigurdson, a leading Canadian public policy mediator and former President...

By S. Glenn Sigurdson
Mediation As Problem-Solving author.

Mediation As Problem-Solving

From Larry Susskind's blog on the Consensus Building Approach The Organizational for Economic Cooperation and Development (OECD) is trying to...

By Larry Susskind
Mediation & Communication Lacking With Franchisees author.

Mediation & Communication Lacking With Franchisees

I came across this article while looking up mediation news in Australia and thought some would find it interesting. See...

By Jeff Thompson
Wakeen, Terry: Mediation as Helping Profession; Satisfying – Video author.

Wakeen, Terry: Mediation as Helping Profession; Satisfying – Video

Terry Wakeen describes why people are drawn to mediation, how it is a "helping profession", and how she feels more...

By Teresa Wakeen
Emotional And Technical Challenges To Mediating Partition Actions author.

Emotional And Technical Challenges To Mediating Partition Actions

Partition actions come in many shapes and sizes. Although they often present significant challenges in the context of mediation, they...

By Malcolm Sher, Esq
The Multi-Step Dispute Resolution Clause: A Few Reasons Why Clients Like Them author.

The Multi-Step Dispute Resolution Clause: A Few Reasons Why Clients Like Them

From John DeGroote's Settlement PerspectivesLast week we defined multi-step dispute resolution clauses and explored why a dispute resolution framework, negotiated...

By John DeGroote
Multi-Step Dispute Resolution Clauses:  7 Reasons They Work author.

Multi-Step Dispute Resolution Clauses: 7 Reasons They Work

From John DeGroote's Settlement PerspectivesAs we have discussed before, the best way to spend less on litigation is to have...

By John DeGroote

Pink Floyd, EMI Need Creative Negotiation In Brawl Over Itunes Royalties

From Lee Jay Bermans'Eye On Conflict BlogPink Floyd is suing its former record label EMI over how royalties are calculated...

By Lee Jay Berman
Elegant Solutions: Lessons from the Farmer-Lender Mediations of the 1980s author.

Elegant Solutions: Lessons from the Farmer-Lender Mediations of the 1980s

Originally published in the The Hennepin Lawyer. Republished with permission of the author. It is really quite revolutionary, the idea...

By Stephen Erickson
Preparation: The Key To Mediation Success author.

Preparation: The Key To Mediation Success

Originally published in CPR's "Alternatives to the High Cost of Litigation," Volume 28 Issue 2 (February 2010). Reprinted with permission....

By Bennett G. Picker
International Commercial Mediation: Only Lip Service? author.

International Commercial Mediation: Only Lip Service?

From the Disputing Blog of Karl Bayer, Victoria VanBuren, and Holly Hayes.Karl came across this interesting comment by Jose Antonio...

By Victoria VanBuren
Dispute Prevention:  It’s A Good Idea, Right? author.

Dispute Prevention: It’s A Good Idea, Right?

From Larry Susskind's blog on the Consensus Building Approach I was recently asked to join a panel at the annual...

By Larry Susskind
Mediation For Small Business Disputes author.

Mediation For Small Business Disputes

From Erica Becks' Cure for the Common Conflict. Frequently, a SBO (Small Business Owner) approaches me with a question about...

By Erica Becks
Business Divorce Mediation author.

Business Divorce Mediation

Republished with permission. First published in New York Dispute Resolution Lawyer, Fall 2009, Vol 2, #2. Lawyers often use the...

By Richard Lutringer
Insurance Coverage:  4 Rules And 10 Tips For Policyholders author.

Insurance Coverage: 4 Rules And 10 Tips For Policyholders

From John DeGroote's Settlement Perspectives When the big case comes in, will you be ready for it?  As you work...

By John DeGroote

Mediating Commercial Relationships

In mediating commercial disputes, once all of the frills are stripped away, the dispute is very typically about money.  The...

By Alec Wisner
Resolving Complaints About Irresponsible Corporations author.

Resolving Complaints About Irresponsible Corporations

From Larry Susskind's blog on the Consensus Building Approach Corporations are supposed to pay attention to environmental, health, safety, labor,...

By Larry Susskind
Pearlstein, Arthur: Directly Supplying ADR Providers for Market’s Demand – Video author.

Pearlstein, Arthur: Directly Supplying ADR Providers for Market’s Demand – Video

Arthur Pearlstein describes how the Werner Institute prepares students to meet the market's demands for dispute resolution.

By Arthur Pearlstein
Kamikaze Conflict – How Might It Damage Your Franchise System? author.

Kamikaze Conflict – How Might It Damage Your Franchise System?

First published by Franchise New Zealand This article considers the potential for franchising systems to be undermined by kamikaze conflict,...

By Jeff Giddings, Lorelle Frazer
Tom Stipanowich: Favorable Arbitration was Still Unsatisfactory – Video author.

Tom Stipanowich: Favorable Arbitration was Still Unsatisfactory – Video

Tom Stipanowich tells of a client's experience with arbitration, which left the client feeling unsatisfied and somewhat unresolved, even though...

By Tom Stipanowich

Update on Home Foreclosure Mediation

Editors Note: Developments on home foreclosure mediation and other critical mediation practice news are chronicled by Keith Seat at www.mediate.com/MediationNews...

By Keith Seat
The Unique Value of Becoming IMI Certified author.

The Unique Value of Becoming IMI Certified

At first we hesitate to believe that a new thing can be done. Soon we see it can be done...

By Irena Vanenkova
Negotiating a Debt Restructuring: The Out of Office AutoReply author.

Negotiating a Debt Restructuring: The Out of Office AutoReply

From John DeGroote's Settlement Perspectives As I write this I’m on yet another plane ride, but this one’s different. I’m...

By John DeGroote

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