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Category: Commercial

Commercial Dispute Resolution In Germany author.

Commercial Dispute Resolution In Germany

Introduction In recent years, Germany has seen a significant increase in interest concerning out-of-court dispute resolution between companies. The Dispute...

By Michael Hammes, Nicola Neuvians
Resolving Family Business Conflicts author.

Resolving Family Business Conflicts

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

By Douglas Noll
Can Transformative Mediation Work In Commercial Litigation? A Conversation With Joseph P. Folger And Robert A. Baruch Bush author.

Can Transformative Mediation Work In Commercial Litigation? A Conversation With Joseph P. Folger And Robert A. Baruch Bush

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

By Victoria Pynchon
The New Era: How Mediation Will Be Vital For Successful Italian Businesses author.

The New Era: How Mediation Will Be Vital For Successful Italian Businesses

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

By Alessandra Sgubini
Talking It Out is the Path of Peace author.

Talking It Out is the Path of Peace

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

By Douglas Noll
Transatlantic Dispute Resolution author.

Transatlantic Dispute Resolution

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

By Eric van Ginkel
Arbitration, Mediation and Conciliation: differences and similarities from an International and Italian business perspective author.

Arbitration, Mediation and Conciliation: differences and similarities from an International and Italian business perspective

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

By Alessandra Sgubini, Andrea Marighetto, Mara Prieditis
Internal Business Conflicts author.

Internal Business Conflicts

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

By Douglas Noll
Something for Nothing! author.

Something for Nothing!

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

By Stephen Tennant
Business Mediation Helps Firms Make Leadership Changes author.

Business Mediation Helps Firms Make Leadership Changes

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

By David Gage, John Gromala
Should Mediators Take The Reins? Evaluative Interventions In Mandatory Mediations author.

Should Mediators Take The Reins? Evaluative Interventions In Mandatory Mediations

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

By Peter Annis
Commercial Mediation – “We Ain’t Seen Nothing Yet” author.

Commercial Mediation – “We Ain’t Seen Nothing Yet”

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

By Richard Weiler
Impasse Breaking Tip: What Would it Sound Like To You If They Understood? author.

Impasse Breaking Tip: What Would it Sound Like To You If They Understood?

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

By Tom Oswald
Fundamentals of Conflict for Business Organizations author.

Fundamentals of Conflict for Business Organizations

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

By Lawrence Kahn
Mediation in Copyright Disputes: From Compromise Created Incentives to Incentive Created Compromises author.

Mediation in Copyright Disputes: From Compromise Created Incentives to Incentive Created Compromises

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

By Stephen Anway
What Kind Of Commercial Mediator Are You author.

What Kind Of Commercial Mediator Are You

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

By Tom Oswald
Analysis of The Hewlett Packard Proxy Battle author.

Analysis of The Hewlett Packard Proxy Battle

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

By Dana Tait
Commercial Section Editorial author.

Commercial Section Editorial

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

By Tom Oswald
Mediation: an Executive’s Guide to Managing Conflict author.

Mediation: an Executive’s Guide to Managing Conflict

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

By Michael Roberts
Fully Integrated Multi-Disciplinary Practice Is Good For Lawyers author.

Fully Integrated Multi-Disciplinary Practice Is Good For Lawyers

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

By Hanan Isaacs
Mediation in Stockholm author.

Mediation in Stockholm

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

By Christer Holm
Advocacy Skills:  Tips for Selecting a Good Mediator author.

Advocacy Skills: Tips for Selecting a Good Mediator

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

By Jerry Roscoe
Dealing With A Competitive Approach In Mediation author.

Dealing With A Competitive Approach In Mediation

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

By Jeffrey Krivis
The Paradigm Shift In Conflict Resolution Methodology author.

The Paradigm Shift In Conflict Resolution Methodology

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

By Elizabeth Tippin
Managing By Agreement-The New MBA author.

Managing By Agreement-The New MBA

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

By Stewart Levine
IRS Encourages Fast Track Mediation to Resolve Taxpayer Disputes author.

IRS Encourages Fast Track Mediation to Resolve Taxpayer Disputes

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

By Philip Zimmerman, CPA
The Many Costs of Conflict author.

The Many Costs of Conflict

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

By Stewart Levine
Using Mediation To Resolve Partnership Disputes author.

Using Mediation To Resolve Partnership Disputes

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

By John Gromala
When Interest-Based Bargaining Is Not Enough author.

When Interest-Based Bargaining Is Not Enough

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

By Cris Currie
How Mediators Can Thrive (Not Just Survive) In Storms author.

How Mediators Can Thrive (Not Just Survive) In Storms

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

By Natalie J. Armstrong-Motin

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