Category: Commercial

In this article, I want to share a story about a family business conflict. This is not based on any...

First published in the February, 2005 issue of the Southern California Mediation Association Newsletter. The transformative mediation model was first...

For years, successful American companies have used mediation as a method for resolving commercial disputes. The considerable time, money, and...

“Doug, I need some peacemaking help right now!” John said over the telephone. John was the CEO of a software...

This article is an adaptation of the notes of a presentation given at the Conference on “Doing Business in the...

The authors would like to express their gratitude to Prof. Gregg Relyea, for his important contribution to this article.Historically, methods...

I received a call the other day from a business owner with an internal business conflict. “I have a general...

Well, that is what everyone is looking for, but generally there is a catch! In Hong Kong the Hong Kong...

The impending retirement of a founding partner can be a profound challenge. The engineers at SHN, a Eureka, California, professional...

Most mediators asked whether they should take the reins would probably answer in the affirmative. Proactive intervention is almost always...

Although mediation enjoys wide acceptance in North America and beyond for its effectiveness in the resolution of commercial disputes, “surface...

I anguished over whether to write this piece or not. On one hand, I wanted to share this experience with...

"In the middle of difficulty lies opportunity." Albert EinsteinEvery conflict holds the opportunity for creating improved processes and developing innovative...

Winning Essay in the Law Student Category2002 James Boskey ADR Writing Competition. The competition is Sponsored by the ABA Section...

Are you a specialist or generalist commercial mediator? Has anyone ever asked you this question? Sometimes I get interrogated about...

FACTS On September 4, 2001, history was made when two of the largest computer companies in the world, Compaq and...

Welcome to the Commercial Section. This section is devoted to the advancement of professional commercial mediation from the dual perspectives...

Business executives are spending increasing amounts of their time and money resolving legal disputes. When executives want to be concentrating...

First published by the New Jersey Law Journal, July 31, 2000Introduction The New Jersey Supreme Court, which defines and regulates...

This article was previoulsly published in the Stockholm Arbitration Report 2000:1.1. INTRODUCTION With its Arbitration Institute long acknowledged in the...

While members of the Bar benefit from local court programs that may assign mediators, often serving as volunteers, advocates and...

Most people approach mediation with the best of intentions. They are hopeful that the negotiation will achieve their ultimate goal...

It wasn't long ago that if a dispute could not be resolved through direct negotiation, the next step was the...

A Challenging Time for Organizations The capacity of technology is far greater than what most of us need. Regulation is...

Reprinted by permission of The CPA Journal.Taxpayer representatives interested in a more efficient and possibly less costly way to resolve...

In 1994, 18 million cases were filed in U.S. courts at a cost of $300 billion. 20% of Fortune 500...

Mediation is recognized as an excellent means to resolve disputes and pending litigation. Mediation is a confidential process. It is...

What good is identifying interests if once they are identified, they are beyond one’s ability to comprehend? How can parties...

If you've been watching the news lately then you know all about the upcoming storms. The Nor' Easters of the...

Part 2 Part 3 End Notes February 15, 2001 TABLE OF CONTENTS INTRODUCTION OVERVIEW OF INITIATIVES GOVERNMENT INITIATIVES Multilateral Initiatives:...