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Commercial Articles
Commercial Mediation ArticlesCan Your Beliefs About Someone Alter Their Behavior?If you believe someone is aggressive, could they behave more aggressively with you than with others? A Fat Bias: Implicit or Explict?When you see an overweight person walking down the street, or perhaps sitting in a meeting with you, what is your reaction? Do you cringe or try to avoid that person? 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. Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration - Book ReviewThis is a book review by Michael Leathes of Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration by Klaus Peter Berger. The Role of Emotional Intelligence in HealthCare: Bridging the Gaps of CommunicationThe goal of this article is to provide tools for health care employees and employers to support everyone acting with greater emotional intelligence. IBA-VIAC CDRC Vienna 2017 - Where Mediation and Negotiation Cross BordersFollowing two successful editions of the IBA-VIAC Consensual Dispute Resolution Com-petition in Vienna, Dispute Resolution literally went international again in its 3rd generation in July 2017. Do Not Let Your CEO Even Read This!This Editorial is about corporate mediation, and that is not always CEO stuff. The question is raised whether your CEO is open to this corporate mediation stuff. The Psychology and Neurobiology of MediationFrom a psychological perspective, the most important problem in mediation is that people take the conflict personally and the outcome of the mediation as a reflection of who they are. This article deals with the psychology and neurobiology of this phenomenon, and how to deal with it in mediation. Why Don’t Transformative Mediations Get Violent?“It’s important to set ground rules at the start of a mediation, and then you can remind the parties of those rules if they get off track later,” said a trainee in one of my mediation courses. Misclassification in the Sharing Economy: It’s the Arbitration AgreementsElizabeth Chika Tippett, Associate Professor and Conflict & Dispute Resolution Program Faculty Co-Director at the University of Oregon School of Law, and Bridget Schaaff, University of Oregon School of Law, have published “Misclassification in the Sharing Economy: It’s the Arbitration Agreements.” What “The Blind Men and the Elephant” Can Teach Us About Perspective at the Mediation TableFrequently, disputes arise out of the different perspectives of the parties. Parties may observe the same facts but their perceptions of what happened and why may turn on where they stood, what role they were playing or what they were thinking at the time of the occurrence or event at the center of the controversy. Increased Complexity of Commercial Disputes Requires a New ApproachThe cost of commercial litigation continues to rise, as a highly politicized world produces pervasive economic and policy uncertainty. Cooperation 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. 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.
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