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Commercial Mediation Articles

Commercial Mediation Articles


Mediating and Resolving COVID-19 Related Contract and Commercial Lease Disputes

(2/11/21)Frank Burke

The COVID-19 pandemic and a series of government shutdown orders have negatively impacted many contracts and commercial leases, either preventing or slowing performance and upending the expectations of contracting parties.

H.E.R.E are the Steps You Need to Take to Have a Transformational, Conflict-Positive Conversation

(2/11/21)Dawn Bedlivy, Kim Faircloth

By the time Lee visited HR to request a mediation, he was frustrated and mad.

Collaboration is the Future

(1/04/21)Larry Bridgesmith

Lawyers love conflict. They thrive on it. If anyone can coexist with conflict, it’s a lawyer.

How To Screw Up a Mediation in our Brave New World

(1/04/21)Christopher Nolland

FUBAR Zoom mediation: A Field Guide for Mediators. FUBAR = Fouled Up Beyond All Recognition

Resolving Legal Battles, One Text Message at a Time

(12/27/20)Veronica Cravener, Jessica Kavinsky

The Franklin County Municipal Court (FCMC), located in Columbus, Ohio offers online, text-message mediation. This article highlights the data from mediations completed entirely online, by text message, in one of FCMC’s mediations programs.

Start with “Hello” to Manage Conflict

(12/18/20)Lorraine Segal

Recently, I did a consultation with two long-term employees who had periodic flare ups of conflict. Here are some of the suggestions I gave the owner.

The 2020 Elections, Mediation, and the Political Divide -- What Next?

(12/14/20)Kenneth Cloke

Biden and Harris won the election, but what exactly did they win? What was lost in the process? And, as mediators and citizens, what do we do next?

Should Employment Matters with Religious Connotations be Dealt with in Court or by Mediations?

(12/07/20)Ariel Kirzner, Bruce Ally

This article focuses on a specialized class of employment law and human rights issues where there an overlap exists between matters of creed or religion and the legal relationship. In heterogeneous societies, people will disagree, sometimes passionately and fundamentally, over socio-politics, economics, spirituality and other beliefs and conduct.

Using Mediation Techniques to Manage Conflicts and Create a Healthy Work Environment

(11/11/20)Nouman Ali

It is not surprising that workplace conflict is one of the most talked-about topics in HR. Many different types of people work in an office, and the difference in opinions and personality is usually the cause of workplace conflict.

Build the Toolbox

(11/10/20)Clare Fowler

Mediate.com is launching a project with mediator-designed resources called Build the Toolbox.

Top 10 Tips for Property Disputes

(11/06/20)Sharon Woodhouse

This article looks at how to resolve your property dispute as a commercial tenant, home renter, or landlord.

Virtual Mediation; An Enhanced Process or an Ephemeral Solution?

(10/30/20)Bruce Edwards

Will the future have room for both virtual and in-person mediation? The pandemic is presenting a generational opportunity for accommodation and change.

Group Decision-Making on Complex Public Issues: An experiment with structure.

(10/26/20)Sarah Daitch, Jordi Honey-Rosés

This article is a comparison of two facilitation approaches to group decision-making.

Because Mediators Deserve a Personality Test Too

(10/18/20)Clare Fowler

This is a personality test, just for those in the dispute resolution field. Because mediators deserve a personality test too.

Mediated Settlement Agreements in India - To Enforce or Not ?

(10/09/20)Ved Thakur, Yash More

Article 30 of the UNCITRAL Model Law on International Commercial Arbitration encourages resolution of disputes through a settlement between parties by way of mediation.

Zoom Fatigue Uncovers Mediators' Secret Weapon

(9/05/20)Clare Fowler

As more mediators practice via Zoom and experience Zoom fatigue, they are discovering something about themselves.

Online Mediation Worth the Screen Time

(9/03/20)Ehsan Ali, Alnoor Maherali

COVID-19 caused a surge in commercial and interpersonal conflict. At the same time, courts are closed, halting society’s traditional route of dispute resolution.

Racial Justice Conflict: How “Historical” Racial Symbols Shape Perception, Practices, and Policy

(9/03/20)Judy Rashid

As the world continues to grapple with racial injustice and unrest as masses of people from all ethnicities protest in the streets, this article examines the subliminal influence of historical racial symbols and practices namely, statues and monuments, slave plantation sites and tours, market houses where slaves were sold, and street names that bear the scars of slavery.

10 Dispute Mediation Techniques for Managers- Evidence from the Cleaning Industry

(9/03/20)Nouman Ali

No two human beings are alike; therefore, it's not surprising that people often disagree, and these disagreements can lead to conflicts.

Mediation, Neutrality, Political Conflicts, and the 2020 Elections

(8/31/20)Kenneth Cloke

In the US, and in different ways in countries around the world, we are now facing five, and perhaps six significant crises, each with its own distinct set of conflicts.

Using Assertive Communication as a Way to Prevent Conflict in the Workplace

(8/29/20)Vanessa Rose

Practicing effective communication is one of the most impactful ways to prevent conflict in the workplace.

Conflict During COVID--Combined Voices from all Seven Continents

(8/28/20)Gregg Relyea, Kenneth Cloke, David Bogan, Carla Marcucci, Hitoshi Suzuki, Adedoyin Rhodes-Vivour, Rory O'Connor, Andrea Maia

This article combines voices from all 7 continents as they discuss how COVID has affected the conflict resolution field around them.

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: South America

(8/24/20)Andrea Maia, Gregg Relyea

This article discusses the "Community Spread" of Mediation in a Post COVID-19 World.

Apologies and Alternative Dispute Resolution Utility in Medical Malpractice

(8/20/20)Ava Hacopian

Apologies for medical errors and poor medical outcomes are typically omitted from the practice of medicine in the classic tort malpractice approach to managing communication to the detriment of injured patients.

Comparing Mediation Websites

(8/17/20)Jim Melamed

According to brand new 8/16/2020 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!

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