Commercial Mediation & Law

Med-Arb May be Right for Your Business Dispute

Med-arb is a long-standing and robust practice that combines the
flexibility and self-determination inherent in mediation with the
certainty and finality of arbitration.   The purpose of this article is
to introduce the med-arb process to those unfamiliar with it, and to
suggest that those involved in business disputes explore this
alternative.

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Listen to Me! Litigation’s Modern Failure

We live in an increasingly touchy-feely society where we give respect and regard to the therapist, the counselor, and professionals generally whose purpose and process is geared towards the individual’s needs. It’s not surprising that as society has evolved, and our basic needs are met (e.g. food, shelter, safety), we strive to find belonging, build self-esteem, and achieve self-actualization … Yet, somehow, when it comes to solving legal disputes, these tenets or values are significantly underappreciated or, worse, overlooked and discarded entirely.
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Commercial Litigation Requires an Evaluative Approach

In my experience, in the mediation of commercial cases, the parties and their counsel want an evaluative mediation approach. I have found that even if a mediation is unsuccessful, the parties and counsel seem satisfied if they have received an honest appraisal of the strengths and weaknesses of their case.

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Mergers & Acquisitions Provide An Opportunity For Mediation

Management studies suggest that only one out of six mergers, acquisitions, or spin offs fulfill their purpose. More often than not, the resulting company experiences organizational failures after the merger. The participant companies simply do not get along. Management theorists believe mergers that are successful are generally the product of interactive planning by the stakeholders.

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Using Technology To Overcome Impasse in Commercial Disputes

In traditional ADR, the participants appear in person, where they can communicate both verbally and nonverbally. Impasse may arise when persons look or sound different. The parties interact in real time, syn- chronously. Parties often heavily rely upon body language to interpret the words being said. The process is customarily confidential, and par- ties often agree not to share the comments made in the mediation room with persons who are not present or not integral to resolving the dis- pute. Online, however, there may be no view of the persons who are communicating. The communication may be entirely in written form.

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Great Expectations

One of my biggest hurdles as a mediator is to overcome each party’s expectations about what might happen in mediation. The types of expectations that a mediator must overcome include issues of liability, causation and damages, as well as possible defenses and possible accusations; however, the most interesting and challenging mediations come with a set of expectations based on history.

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Working Together to Resolve Disputes

The Innovation Lab builds bridges between theory and practice … In this case, a group of mediators including Heather Allen, Stephen Bate, Chris Newmark, and Felicity Steadman gathers in July 2012 and examined joint meetings, pulling from their experiences and building a comprehensive guide to the process, benefits and risks, structures and creating a positive impact through joint meetings.

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The Transformation of Labor-Management Conflicts

No conflict continues forever. It may seem surprising to anyone who is caught up in an intractable conflict, but “intractable” conflicts become “tractable” all the time. It may be helpful to consider an example of a well-known and even epochal intractable conflict that, over time, became manageable.

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Mediation, Family Style: What Commercial Mediators Can Learn From Divorce Mediation

Family mediation evolved separately from civil and commercial mediation because it addressed specific needs and concerns, and faced different challenges. Unlike in civil mediation, where the subject of mediation can be any claim traditionally litigated in tort or contract, family mediation deals chiefly with dividing marital assets, determining child custody and visitation, and dealing with the emotions that go along with the transformation of an intimate relationship.

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Unleashing the Healing Benefits of An Effective Workplace Investigation

The average working American devotes more time to work than to family, leisure, or even sleep. According to the Bureau of Labor Statistics, time spent working beats time spent sleeping by an entire hour. Given the amount of time and energy we spend at work—plus the fact that conflict is a frequent and natural byproduct of human interaction—it is no surprise that the workplace is a petri dish for all types of disputes and complaints.

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