Commercial Mediation Articles
Navigating Complex Public Issues
This article is a comparison of two facilitation approaches to group decision-making.
Because Mediators Deserve a Personality Test Too
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 ?
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
As more mediators practice via Zoom and experience Zoom fatigue, they are discovering something about themselves.
Online Mediation Worth the Screen Time
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
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
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
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
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
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
This article discusses the "Community Spread" of Mediation in a Post COVID-19 World.
Apologies and Alternative Dispute Resolution Utility in Medical Malpractice
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
According to brand new 8/16/2020 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!
Seven Keys to Unlock Mediation’s Golden Age - The Introduction
Mediate.com has published a series of peer reviewed articles and videos under the collective title Seven Keys to Unlock Mediation’s Golden Age. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future.
Separating the People from the Problem - Colin Rule and the Rise of Online Dispute Resolution
This article from Harvard's "The Practice," shines a light on ODR and its evolution using Colin Rule’s career as a guide. In building ODR systems for the world’s largest online marketplace and for court systems across the country, Rule’s career offers a window through which to observe and understand the larger ODR movement—a movement that is all the more important as the world grapples with the continued impacts of COVID-19.
Two Words
After helping thousands of people resolve disagreements at work, I have found that you can help people with these two words.
Feedback, Hot Buttons, and White Fragility
Being open to difficult feedback, even about racism, can help you grow.
The Delhi Pact, 1950: Negotiating to Not Wage War
This article critically analyses the various flaws in the 6-day negotiation that took place between the Indian and Pakistani Government with respect to the Liaquat-Nehru Pact. It throws light on the fact that though this negotiation wasn't principally ethical or viable but was very much required to save the world from becoming a spectator to yet another war.
3rd Key-Education: Include Learning in Psychology & Brain Science to Enhance Mediator Practice
Fundamentally, mediators work with people’s psychologies and identities, their worldviews and self-views - everything that makes up what it is to be a human being.
Therapeutic Alliances in Organizations
This article discusses therapeutic alliances in organizations: fostering collaboration, mitigating conflict, and improving performance.
In an ODR World, Is the Time Right to Switch to Multiple Shorter, Staggered Mediation Sessions?
I believe it is time to start a conversation about whether shorter, staggered sessions ought to be considered a best practice when mediating civil and commercial cases via videoconference.
Interview with David Hoffman
This is the complete interview by Robert Benjamin with David Hoffman, founder of The Boston Collaborative and former President of the ABA Dispute Resolution Section, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
4th Key-Professionalism: Act to Ensure Mediation is Respected as a True Professional Practice
This article discusses the importance of professionalism to ensure that mediation is being taken seriously.
4th Key-Professionalism: Modernize the Culture Driving Legal Practice
This article discusses professionalism and the need to modernize our mediation culture.
Using E-Mediation and Online Mediation Techniques for Conflict
Where medicine may have been conventional, the most conservative profession is often thought to be law.
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