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Commercial Articles
Commercial Mediation ArticlesCooperation with a CompetitorMorton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together." Serious Gaming in WaterThis paper discusses the use of serious gaming as a method for water resource conflict-negotiation. Interview with Ken ClokeThis is the complete interview by Robert Benjamin with Ken Cloke, author and Founder of Mediators Beyond Borders, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series. Interview with Randy LowryThis is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus Institute for Dispute Resolution at Pepperdine. Michael Leathes’ New Negotiation Book - Book ReviewMichael Leathes has written a book on negotiation that is aimed at corporate counsel. Comparative Data on Mediation Websites: Most Visited and Most LinkedAccording to Alexa.com, Mediate.com is most visited and most linked mediation website. Interview with Thomas StipanowichThis is the complete interview by Robert Benjamin with Tom Stipanowich, Co-Director of Pepperdine's Straus Institute for Dispute Resolution and former Director of CPR in New York, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series. Conflict and the Advent of Social media in the Evolution of SocietySocial media is changing how society behaves at a pace that we just cannot fathom. We have embraced it with open arms, but have we taken three steps back to digest it and understand how societal social skills have been affected? Consumer Redress and “The New Handshake”For many years, a tempest has surrounded public policy approaches to consumer protection, largely implicating three utterly inapt legal constructs. The Agreement to Arbitrate and the ‘Applicable Law’Alan S. Rau, Mark G. and Judy G. Yudof Chair of Law at the University of Texas at Austin School of Law, has published “The Agreement to Arbitrate and the ‘Applicable Law’.” BBB Complaints Against Mediation.comAt Mediate.com, we receive multiple complaints each week about another company, Mediation.com. These detailed reports from BBB are instructive as to how this other company operates. Aragaki - The Dao of Friendly SkiesIn the past week the Internet went ablaze with news reports of United Airlines passenger Dr. David Dao’s merciless ejection from a Louisville-bound flight. 3 Things that Mediation is NOTMediation has become a popular alternative to court proceedings, with mediators resolving disputes of all kinds there is still a significant amount of confusion about what is mediation and what can a mediator do for you. Interview with Michael LewisThis is the complete interview by Robert Benjamin with Michael Lewis, a long-time leader in the field of mediation, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Series. Interview with David HoffmanThis 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. Mediate.com Recognized as a Top Attorney Directory for SEO!Now celebrating our 22nd Year, Mediate.com has been recognized as a "Top 8" Attorney Directory by Rankings.io. Mediate.com is the overall 8th ranked attorney directory and the only mediation or ADR directory listed! Mediating Family Property and Estate Conflicts: Keeping the Peace and Preserving Family WealthOf all of the cases I have mediated over the past 30 years, the most challenging and rewarding disputes have been those between family members over family property, estates, trusts and businesses. A Transformative Parenting Mediation ModelThe key to successful parenting mediation is using a model that works for the parents and provides a parenting model that starts with a truce, then works towards mid and long term parenting goals. The Conflict Calculator: Estimating the costs of conflict in a workplace teamThis article discusses a tool for measuring the cost of workplace conflict, as well as the considerations that factored in to developing that tool. Supreme Court Approves Drafting Role for Lawyer MediatorsThis article discusses the new Wisconsin Rule Petition 16-04 that expanded the role of lawyer mediators in family law cases. Interview with Margaret ShawThis is the complete interview by Robert Benjamin with New York based JAMS mediator Margaret Shaw filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series. Secondments in International ArbitrationDespite the heavy workload, practicing international arbitration can be fun; you are always challenged by disputes arising from a diversity of issues that test your ability to design the best strategy to achieve the best possible outcome for your client, combined with the complexity that a single case can reach and the many instances in which a sovereign State is involved, as in investment and State-to-State arbitration. Supremes Grant Cert on NLRB Challenge to Class WaiverAs has been widely reported, the Supreme Court has granted certiorari to review three conflicting decisions among the circuits on the enforceability of an employer’s unilaterally promulgated waiver of employees’ right to participate in collective redress. Interview with Homer LaRueThis is the complete interview by Robert Benjamin with Homer LaRue filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series. The Role of Ombudsmen and The Recurring Ethical Crisis in the American Financial Services IndustryWhen recurring ethical crisis in the financial services industry arise, it’s essential to give voice to employees on the lower end of hierarchies in organizational institutions.
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