Find an Online Arbitrator
Arbitration Articles

Tom Stipanowich

Interview with Thomas Stipanowich

(5/15/17)Tom Stipanowich

This 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.

Justin Kelsey

3 Things that Mediation is NOT

(4/21/17)Justin Kelsey

Mediation 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.

Michael A. Zeytoonian

Beyond Arbitration and Mediation: Designing the Dispute Resolution Process to Fit the Situation

(11/04/16)Michael A. Zeytoonian

We live in a specialized world, one in which access to information is so overwhelming that there literally is “an app for that” to satisfy even the most specific and narrow of needs.

Arthur Rosenbloom

Mediating Valuation Disputes In Minority Oppression Litigation

(11/03/16)Arthur Rosenbloom

This article describes how the mediator can assess the strengths and weaknesses of each side’s valuation position as well as the disarray in the New York courts in ruling on valuation issues.

Sheldon Stark

Opinions—Essays on Lawyering, Litigation and Arbitration, the Placebo Effect, Chutzpah, and Related Matters--Book Review

(9/09/16)Sheldon Stark

This book is a collection of previously published essays by two outstanding lawyers, one of whom is a well respected arbitrator, who practice labor and employment law in Michigan. The essays - witty, thought provoking and insightful - are drawn from experience in the trenches. They address lawyering, brief writing, mediation and arbitration, civility, persuasion, life, and MORE!

Claudia Maffettone

Principles and Practices of Peace and Conflict Resolution in Islam. The Case of Morocco.

(8/19/16)Claudia Maffettone

In this article I will offer a panoramic view on the concept of peace in Islam and on Islamic conflict resolution principles and practices. Albeit the overwhelming negative narratives on Islam, this religion and tradition is rooted in an articulate philosophy of peace, justice, reciprocity, and community.

The Differential of Mediation in Contracts of Insurance and Reinsurance

(7/15/16)Andrea Maia, Vivien Lys Porto Ferreira da Silva

The current issue consists on identifying the effectiveness of insertion of clauses of mediation in contract of insurance and reinsurance in corporate law and consumer law, exclusively in private mediation.

Dixon Dern

Can Intellectual Property Disputes Be Resolved Privately—Sure, Why Not?

(7/15/16)Dixon Dern

I recently met with a group of entertainment attorneys (like myself) here in Los Angeles, some of whom were also considering entering the arbitration field. A significant number of these attorneys did not understand that copyright infringement and other intellectual property disputes can be arbitrated or mediated.

Esther Gomez Jimenez

Mediacion Online Una Realidad del Siglo XXI

(7/01/16)Esther Gomez Jimenez

El impacto de las nuevas tecnologías y en particular el uso de Internet han hecho posible el establecimiento de nuevos métodos para la resolución de los conflictos, y es aquí donde entra en juego la Mediación, pudiéndose la misma desarrollar por este medio.

Michael Toebe

How to Better Solve Your Consumer Disputes

(6/06/16)Michael Toebe

When consumer disputes evolve, the perception and at times, reality is it's a push-resistance equation. Emotions escalate. Judgments, yet not resolution, rule.

Richard Chernick

Witnesses in Arbitration – Federal Arbitration Act

(3/11/16)Richard Chernick

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable).

The Minefield of Fee Disputes – It’s Not Just About Fees

(2/12/16)Malcolm Sher, Jobi Halper

Fee disputes pose a minefield for attorneys. Cautiously stepping through disputes may maximize your ability to retain or recover fees, while avoiding a malpractice claim or State Bar complaint.

Tom Stipanowich

The International Evolution of Mediation: A Call for Dialogue and Deliberation

(2/05/16)Tom Stipanowich

Much has been written about the global development of mediation, but more should be said about the important questions that should be confronted by practitioners, policymakers and users.

Greg Rooney

The Australian Experience of Pre-Litigation ADR Requirements

(1/22/16)Greg Rooney

Mediation is now well-established in Australia particularly in the commercial jurisdictions of the states and territories. However it is still viewed as an unwelcome visitor by many in the legal profession and the judiciary.

Alexis Martinez

Arbitration in Africa: Past, Present, and Future

(1/15/16)Alexis Martinez

This article asks: Why a continent, considered by many to have been the springboard for the unprecedented modern growth in arbitration in Europe and Asia recently went through a significant increase in the number of international arbitrations?

In Support of Arbitration

(1/08/16)Brian Jerome, Jeffrey Stern

This article reflects on the current and timely issue of hidden arbitration clauses in contracts, and a rebuttal to the recent NY Times article series which was extremely partisan and put arbitration and arbitrators in a very poor light. The article more accurately positions arbitration as an important and helpful alternative to litigation.

Richard Birke

Federal Arbitration Case Update: The Powers that Be

(11/09/15)Richard Birke

Following are two interesting and recent federal court rulings related to arbitration.

Lorraine Brennan

Deflategate: A Win for Arbitration

(10/12/15)Lorraine Brennan

The “Deflategate scandal,” in which the New England Patriots and their star quarterback, Tom Brady, were accused of deflating footballs was a very hot topic among American football enthusiasts. It has also become a case study on how the arbitration process worked properly.

Arthad Kurlekar

“Perversion of Law” in Chinese Criminal Law – An Indiscriminate Legal Weapon Against Arbitrators

(9/12/15)Arthad Kurlekar

Article 399A included in the Criminal Law of People’s Republic of China, provides for criminal liability to arbitrators for “perversion of law” (Wangfa Zhongcai Zui). The provision has been a Part of the Criminal Law since 2006. However, on 24 June 2015, the Supreme People’s Court (‘SPC’) and the Supreme People’s Procuratorate (SPP) of China have undertaken the task of interpreting Article 399A (Further information about the process may be found here).

John Sturrock

Keep Mediation and Arbitration Separate?

(9/04/15)John Sturrock

One topic which stimulated some forthright conversation recently was the use of hybrids whereby a mediator takes on the role of arbitrator if the matter does not resolve by mediation. In particular, we discussed the transition from mediator to arbitrator with the consent of the parties.

Gracious Timothy

The Downside of Arb-Med-Arb Procedures

(8/21/15)Gracious Timothy

The AMA procedure is not the end of the line. Enforcement of settlement agreements is cited as a crucial aspect and the AMA procedure is not completely geared up for it looking at its many downsides. It would be more desirable and feasible to prepare a uniform model provision on enforcement of mediated settlement agreements that would be universally acceptable.

Michael Toebe

Problem-solving Effectiveness of Sports Mediation

(8/05/15)Michael Toebe

Sports is a highly-competitive culture and that same commitment and drive it takes to get results can also be a strength so strong, too strong in fact, that it becomes a weakness in minimizing or resolving very costly conflicts, whether that be relationally, performance wise or financially.

Cecilia Iro-Cunningham

Comparing Arbitration and Mediation as ADR tool for Workplace Conflict

(7/29/15)Cecilia Iro-Cunningham

Recently arbitration has been considered or mandated by many employers in response to increasing cost associated with employment litigation (Shea, 2015). Arbitration in workplace dispute is mostly used to determine bridge of collective agreement and grievances arising from terms and conditions of employment as contained in the collective agreement.

Brian Jerome

Musings of a Long Time Arbitrator

(6/05/15)Brian Jerome

Musings of a Long Time Arbitrator reflects on the positive and challenging aspects of serving as a neutral, in a manner both realistic and humorous. Similar practitioners will be able to immediately relate, and those that seek or utilize the services of ADR providers will get a direct look at the implications of a neutral’s daily reality.

Kenneth Cloke

Let’s Talk: Charlie Hebdo, Immigration, Terror and Prejudice -- Notes Toward a Proposal for Dialogue over Difficult and Dangerous Issues

(6/02/15)Kenneth Cloke

As wars, religious and political differences, and international problems such as global warming, environmental degradation and poverty expand their reach, importance and severity, stimulating mass migrations and deepening social tensions, we are increasingly forced to recognize that military solutions cannot succeed; that legal processes take too long to implement; and that diplomacy does not reach deep enough into the ranks of those who are drawn to violence.

Click here for MORE ARTICLES