Commercial Mediation Articles
Invisible rules can lead to conflict.
(4/18/22)Jeff Trueman, Patrick Coughlan
Co-mediation works well in large-scale construction disputes because it exchanges information among participants more efficiently and expands capacity to solve problems.
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.
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.
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.
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.”
(10/21/21)Donald T. Saposnek
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.
Why should we be surprised by litigators acting like litigators whether in court or in mediation?
Handling remote teams can become quite a challenging task at times, especially when a conflict arises.
Here are a few examples of the tensions that arise across financial, operational, and commercial agreements.
"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 is inevitable when people with different values and opinions come together.
(8/13/21)Jennifer Schulz, Pat Bragg
What a fun, dense, and important read about mediation!
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 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).
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.
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.
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.
You may have seen this recent New York Times story about the failure of Marathon County, Wisconsin, to declare itself “A Community for All.”
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.
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.
(5/24/21)Deirdre McCarthy Gallagher
In my 25 years of running marathons, I have learned a few critical lessons: Don’t go out too fast.
(5/18/21)Jonathan Rodrigues, Clare Fowler, Maria Apostolidou, Ilan David Bass, Amee Dharamshi, Melanie Koch, Nisshant Laroia, Benjamin Lutz, Gwendolyn Myers, Olivia Chisom Osuala, Lydia Ray, Sumhiya Sallay, Jay Patrick Santiago, Salman Shaheen
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.
(5/16/21)Bongkiyi John Paul
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.
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