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Category: Commercial

A Perfect Storm is Gathering author.

A Perfect Storm is Gathering

This article is jointly written by a group of twelve institutional users of mediation services. Co-authors: Jan Eijsbouts, Hans Peter...

By Michael Leathes
What High-Low Agreements Can Do for You:  Settlement Structures Part III author.

What High-Low Agreements Can Do for You: Settlement Structures Part III

From John DeGroote's Settlement Perspectives The fiscal year ends in just two weeks, and for some reason your client’s auditors...

By John DeGroote
Mandatory Mediation Programs Help Homeowners Facing Foreclosure author.

Mandatory Mediation Programs Help Homeowners Facing Foreclosure

From the First Mediation Blog of Jeff Krivis and Mariam Zadeh. RealtyTrac, the leading online marketplace for foreclosure properties, reported...

By Jeffrey Krivis, Mariam Zadeh

KISS Mediators Rock ABA Conference: Why Would Three Self-Respecting Professional Mediators Play Dress-Up?

Many attendees at the 2006 annual conference of the Section on Dispute Resolution had to look twice when they saw...

By Lee Jay Berman
Using Creativity When Negotiating Commercial Disputes – A Challenge For Lawyers? author.

Using Creativity When Negotiating Commercial Disputes – A Challenge For Lawyers?

             “Negotiations which end in a resolution that satisfies all parties are rare”[1].  Why should we nevertheless strive for integrative...

By Anke Meier

Can Settlement Orientated Mediators Like Me Cherry Pick From Transformative Process?

Like many commercial mediators I fall in and out of love with transformative mediation all the time. To its credit,...

By Geoff Sharp

Commercial Mediation Survey

Over the last couple of months I have polled, in a fairly unscientific way, some busy commercial litigators who I...

By Geoff Sharp
Business Mediation: A Better Way To Resolve Workplace Conflict author.

Business Mediation: A Better Way To Resolve Workplace Conflict

We’ve all heard the saying that a happy workplace is a productive workplace. Employers and business owners cannot afford contention...

By Marta J. Papa
Negotiating Bankruptcy author.

Negotiating Bankruptcy

My favorite local bankruptcy mediators Ben Siegel of Buchalter (left) former bankruptcy judge Herb Katz (right) Bankruptcy mediation catches on...

By Victoria Pynchon
A Model Letter For A Model Mediation author.

A Model Letter For A Model Mediation

Published in The Practical Litigator, Volume 18, No. 3, May 2007. Copyright © 2007 by the American Bar Association. Reprinted...

By David Franzel
Congress Negotiates the Foreclosure Crisis author.

Congress Negotiates the Foreclosure Crisis

UPDATE:  IF YOU FOLLOW THIS LINK TO FORBES.COM COVERAGE OF THE FORECLOSURE CRISIS AND CLICK ON THE HIGHLIGHTED WORD "FORECLOSURE" YOU'LL...

By Victoria Pynchon
Where were the mediators in the Microsoft-Yahoo negotiations? author.

Where were the mediators in the Microsoft-Yahoo negotiations?

Collaborative lawyer and ADR professional David Hoffman, in an op-ed in the Christian Science Monitor, asks, “Microsoft and Yahoo: Where...

By Diane J. Levin
The Concept of Reciprocity in Mediation author.

The Concept of Reciprocity in Mediation

Jeff Kichaven writes on mediation for the International Risk Management Institute. First published on IMRI.com. January 2007 In response to...

By Jeff Kichaven
Microsoft and Yahoo: Where Were the Mediators? author.

Microsoft and Yahoo: Where Were the Mediators?

From Colin Rule's blog. David Hoffman in the 5/12 Christian Science Monitor: "When Microsoft CEO Steve Ballmer met with Yahoo...

By Colin Rule
Mediating the Commercial Lease Dispute author.

Mediating the Commercial Lease Dispute

This article has been modified from its original publishing. The original article first appeared in the ACREL Papers Fall 2007...

By Jerry Slusky
IP Mediator Michael Young’s “Girls Gone Wild” Commentary Catches Court’s Attention author.

IP Mediator Michael Young’s “Girls Gone Wild” Commentary Catches Court’s Attention

From ALTERNATIVES TO THE HIGH COST OF LITIGATION, INTERNATIONAL INSTITUTE FOR CONFLICT PREVENTION & RESOLUTION VOL. 26 NO. 3 MARCH 2008...

By Victoria Pynchon
Courageous Carriers, Meaningful Mediations author.

Courageous Carriers, Meaningful Mediations

Jeff Kichaven writes on mediation for the International Risk Management Institute. First published on IMRI.com. Pity the poor plaintiff at...

By Jeff Kichaven
Capitalizing On Mediation: The Power Of Promoting Awareness For Business Efficiency author.

Capitalizing On Mediation: The Power Of Promoting Awareness For Business Efficiency

I would like to thank you and express my gratitude to all the colleagues, Monya Kian, Monica Sherman, Melanie Gilmore,...

By Alessandra Sgubini
Colm Brannigan and Michael Erdle on Mediating Canadian I.T. Disputes author.

Colm Brannigan and Michael Erdle on Mediating Canadian I.T. Disputes

Ontario-based mediator Colm Brannigan * has passed along a valuable article on the mediation of Information Technology disputes from a...

By Victoria Pynchon
Second in a Series about the Real Estate Downturn and Mediation author.

Second in a Series about the Real Estate Downturn and Mediation

Since the last article in this series was published in the December 2007 edition there has been more bad press...

By David W. Dresnick
Take This Idea: Commerical Mediators Wheel & Deal with Entrepreneurs author.

Take This Idea: Commerical Mediators Wheel & Deal with Entrepreneurs

Finding the right niche is critical to your success as a mediator. While most folks can identify a broad niche,...

By Dina Beach Lynch
The Real Estate Downturn Spawns an Increasing Need for Mediators and Arbitrators author.

The Real Estate Downturn Spawns an Increasing Need for Mediators and Arbitrators

The growing poor economic cycle for real estate, and growing consensus projections that the reduction in housing prices may last...

By David W. Dresnick

Mediating The Sub Prime Mortgage Crisis

When America sneezes, the rest of us catch a cold. So, I guess many mediators around the globe are working...

By Geoff Sharp
Fair Use Settlement Or A Mediation Heist? How A Stanford English Professor Settled A Copyright Action. . . And Then Recovered Her Attorneys Fees From The Estate of James Joyce author.

Fair Use Settlement Or A Mediation Heist? How A Stanford English Professor Settled A Copyright Action. . . And Then Recovered Her Attorneys Fees From The Estate of James Joyce

How did Stanford English Professor Carol Shloss, with the pro bono help of the Stanford Center for Internet and Society’s...

By Michael Young

Dispute Resolution Clauses In Commercial Contracts

I don't mean to argue against the undeniable wisdom of inserting a dispute resolution clause in a commercial contract at...

By Geoff Sharp
Directors & Officers Insurance: How To Mediate The Allocation Of The Loss Between Covered And Uncovered Claims Under The Relative Exposure Clause author.

Directors & Officers Insurance: How To Mediate The Allocation Of The Loss Between Covered And Uncovered Claims Under The Relative Exposure Clause

Summary The Relative Exposure Clause (“REC”) found in several Directors & Officers Insurance Policies (“D&O”) imposes a duty on the...

By David Laufer
Keystone Conference: Megatrends for Mediators in Economics author.

Keystone Conference: Megatrends for Mediators in Economics

Related Video There are economic structures that are plausible alternatives that are shaping the world. The key drivers are the...

By S. Glenn Sigurdson
Special Challenges To Mediating Broker Cases author.

Special Challenges To Mediating Broker Cases

The skyrocketing price of homes is likely to spawn an increase in litigation naming real estate brokers and inspectors who...

By Malcolm Sher, Esq
Making Effective Use Of Alternative Dispute Resolution For Small Businesses author.

Making Effective Use Of Alternative Dispute Resolution For Small Businesses

Most business owners are small business owners, competing in an increasingly intense and flattening global environment. As can be seen...

By Robert Tessier
Interview with Ken Cloke: Mindfulness And Commercial Litigation author.

Interview with Ken Cloke: Mindfulness And Commercial Litigation

In the Spring of 2005, long-time commercial litigator and new mediator, Victoria Pynchon, engaged in a series of conversations with...

By Victoria Pynchon

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