Commercial Mediation Section
Commercial Mediation Articles
Managing Multi-Party Construction Disputes
Co-mediation works well in large-scale construction disputes because it exchanges information among participants more efficiently and expands capacity to solve problems.
How to Resolve Conflict Between Manager and Employee
Figuring out how to resolve conflict between manager and employee sometimes requires on-the-job training. In other words, you might not know what to do until the stress is high and someone needs to intervene.
How Does a Mediator Help Families Resolve Conflict? - Video
Is your family or someone you know going through a rough patch and wondering when might it be necessary to bring in a mediator? Watch this video if you'd like to know how a mediator helps families resolve conflicts and what the qualities of a good mediator are.
[Podcast] CEO Leadership: A Conversation with Chris Poole on His Career and the Pathway Forward for JAMS
A podcast produced by Arbitrate.com features JAMS CEO Chris Poole reflecting on his time at JAMS, rising to industry challenges, trends, and the future of alternative dispute resolution.
CPR International Conference Highlights: ‘Effects on Cross-Border Disputes After the Singapore Convention’
According to the Singapore Convention on Mediation’s website, the Convention is a “multilateral treaty which offers a uniform and efficient framework for the enforcement and invocation of international agreements resulting from mediation.”
Book Review of Evolution of a Field: Personal Histories in Conflict Resolution
This book review of Evolution of a Field: Personal Histories in Conflict Resolution, co-edited by Howard Gadlin and Nancy A. Welsh, presents an overview, with snippets of personal and autobiographical material, of this penetrating collection that comprises the “personal stories” of 23 leading practitioners and scholars in the field of conflict resolution.
What Commercial Trial Lawyers Can Learn from Transactional Lawyers About Mediation
Why should we be surprised by litigators acting like litigators whether in court or in mediation?
Managing and Resolving Conflicts in Remote Teams
Handling remote teams can become quite a challenging task at times, especially when a conflict arises.
Recognizing Common Internal Issues That Often Escalate Into Disputes and How ADR Can Help
Here are a few examples of the tensions that arise across financial, operational, and commercial agreements.
Overcoming The Sunk Cost Fallacy and Its Untoward Impact on Settlement Dynamics
"I’ve spent over $300,000 in legal fees and two years of my life to get here. Obviously, my lawsuit must be worth more than my investment in money, time, energy, stress, and opportunity costs."
Conflict in the Workplace – Mediation Can Make Your Team More Efficient
Conflict in the workplace is inevitable when people with different values and opinions come together.
Book Review of Mediation and Popular Culture by Jennifer L Schulz, (2020)
What a fun, dense, and important read about mediation!
ADR is Not a Household Term
This Article confirms what many dispute resolution professionals have long feared – that alternative dispute resolution (ADR) processes, such as mediation and arbitration, are still not well understood by the general public.
Mediation in the Field of Business and Human Rights
Mediation in the field of business and human rights to help resolve a conflict between stakeholders/workers upstream a global supply chain and corporate actors in South East Asia with the full participation of civil society (NGOs national and international).
Stress, Depression, and Heart Attacks: What Poor Management Does to Employee Health
We know a toxic culture in the workplace is bad for morale, engagement, and performance. New research evidence suggests the human costs can be far more serious.
Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice
As a society, we have not resolved many enduring disputes, or convinced each other, or even discussed them intelligently, but ended up instead screaming at one another, clashing violently, and being prepared to manipulate, and even jettison the entire democratic process if it doesn’t back the candidates and policies we support.
A Mediator’s Guide to Claims Reserves in the Insurance Industry
Mediators may encounter a reluctance to settle by one or both parties during the course of a mediation session, but understanding the underlying realities of each party’s position may help break logjams.
“A Community for All”
You may have seen this recent New York Times story about the failure of Marathon County, Wisconsin, to declare itself “A Community for All.”
The Power of Story to Shift Conflict
When I work with clients, I first listen carefully and empathically to their story. They need to tell it and I need to hear it.
Virtual Hearings and Mediations Are Here to Stay
As the COVID-19 pandemic recedes, every aspect of our pre-pandemic ways of work is under review. Simply returning to our old ways is not the answer.
Reaching the Finish Line: Using a Neutral Facilitator Can Help Lead the Path to Resolution
In my 25 years of running marathons, I have learned a few critical lessons: Don’t go out too fast.
New Mediators' Guidance from Youth Conference
This article summarizes the Young Minds, Global Voices Conference. This conference was sponsored by Mediate.com in an effort to hear from newer mediators. These 6 sessions comprised up and coming thought leaders from around the globe, forming a brain trust for how to create peace in ourselves, our community and our world.
Mediation and Access to Justice for All: The Case of Unrepresented Parties
Legal systems around the globe are grounded in the rule of law and in theory, justice is available readily and equally to all. In practice, however, access to justice is easier for some than for others, and for those unable to afford legal services, justice may be difficult to obtain.
Mediate is Top Ranked Mediation Website
Mediate.com is ranked the top mediation website by Alexa in its April 14, 2021 global website rankings. In business since 1996, Mediate.com has over 25,000 searchable mediation articles, blog posts, news items and videos and hosts the most utilized mediator directory in the world.