Arnold Swartz and Associates

Business and Family Mediation

720 Kipling St., Suite 200 • Lakewood, CO 80215 • TEL: 303-237-4828 • aswartz@mediate.com
Commercial Articles

Commercial Mediation Articles


Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice

(6/16/21)Kenneth Cloke

As a society, we have not resolved many enduring disputes, or convinced each other, or even discussed them intelligently, but ended up instead screaming at one another, clashing violently, and being prepared to manipulate, and even jettison the entire democratic process if it doesn’t back the candidates and policies we support.

A Mediator’s Guide to Claims Reserves in the Insurance Industry

(6/04/21)David Brown

Mediators may encounter a reluctance to settle by one or both parties during the course of a mediation session, but understanding the underlying realities of each party’s position may help break logjams.

“A Community for All”

(6/01/21)Jen Reynolds

You may have seen this recent New York Times story about the failure of Marathon County, Wisconsin, to declare itself “A Community for All.”

The Power of Story to Shift Conflict

(5/24/21)Lorraine Segal

When I work with clients, I first listen carefully and empathically to their story. They need to tell it and I need to hear it.

Virtual Hearings and Mediations Are Here to Stay

(5/24/21)Patrick Mahoney

As the COVID-19 pandemic recedes, every aspect of our pre-pandemic ways of work is under review. Simply returning to our old ways is not the answer.

Reaching the Finish Line: Using a Neutral Facilitator Can Help Lead the Path to Resolution

(5/24/21)Deirdre McCarthy Gallagher

In my 25 years of running marathons, I have learned a few critical lessons: Don’t go out too fast.

New Mediators' Guidance from Youth Conference

(5/18/21)Jonathan Rodrigues, Clare Fowler, Maria Apostolidou, Ilan David Bass, Amee Dharamshi, Melanie Koch, Nisshant Laroia, Benjamin Lutz, Gwendolyn Myers, Olivia Chisom Osuala, Lydia Ray, Sumhiya  Sallay, Jay Patrick Santiago, Salman Shaheen

This article summarizes the Young Minds, Global Voices Conference. This conference was sponsored by Mediate.com in an effort to hear from newer mediators. These 6 sessions comprised up and coming thought leaders from around the globe, forming a brain trust for how to create peace in ourselves, our community and our world.  

Mediation and Access to Justice for All: The Case of Unrepresented Parties

(5/16/21)Bongkiyi John Paul

Legal systems around the globe are grounded in the rule of law and in theory, justice is available readily and equally to all. In practice, however, access to justice is easier for some than for others, and for those unable to afford legal services, justice may be difficult to obtain.

Mediate is Top Ranked Mediation Website

(4/15/21)Colin Rule

Mediate.com is ranked the top mediation website by Alexa in its April 14, 2021 global website rankings. In business since 1996, Mediate.com has over 25,000 searchable mediation articles, blog posts, news items and videos and hosts the most utilized mediator directory in the world.

20 Ways to Improve UNFCCC Meetings and Climate Change Negotiations

(4/02/21)Kenneth Cloke

In preparation for the next international meeting on climate change in Glasgow in November 2021, it is important to begin thinking together, not only about outcomes, but ways of improving the process of meeting, discussing, and negotiating agreements on climate change.

ADR Principles and Clergy-Congregation Relations

(3/19/21)Martin Rosenfeld

It is likely that a large majority of clergy who serve congregations are hired, re-hired or terminated by the vote of the individual congregation.

Announcing the Launch of the New and Improved Arbitrate.com

(3/09/21)Amy Schmitz, Colin Rule

After many months of work, we are very proud to announce the launch of a new Arbitrate.com site, sporting a sleek design and a powerful set of updated features and capabilities. Please consider joining Arbitrate.com and sign up for our free Arbitration Today newsletter.

After Lockdown, Businesses will Need to be More Human Than Ever

(3/08/21)Arran Heal

Working remotely during the coronavirus pandemic has highlighted the need for organizations to demonstrate their emotional qualities.

Mediating and Resolving COVID-19 Related Contract and Commercial Lease Disputes

(2/11/21)Frank Burke

The COVID-19 pandemic and a series of government shutdown orders have negatively impacted many contracts and commercial leases, either preventing or slowing performance and upending the expectations of contracting parties.

H.E.R.E are the Steps You Need to Take to Have a Transformational, Conflict-Positive Conversation

(2/11/21)Dawn Bedlivy, Kim Faircloth

By the time Lee visited HR to request a mediation, he was frustrated and mad.

Collaboration is the Future

(1/04/21)Larry Bridgesmith

Lawyers love conflict. They thrive on it. If anyone can coexist with conflict, it’s a lawyer.

How To Screw Up a Mediation in our Brave New World

(1/04/21)Christopher Nolland

FUBAR Zoom mediation: A Field Guide for Mediators. FUBAR = Fouled Up Beyond All Recognition

Resolving Legal Battles, One Text Message at a Time

(12/27/20)Veronica Cravener, Jessica Kavinsky

The Franklin County Municipal Court (FCMC), located in Columbus, Ohio offers online, text-message mediation. This article highlights the data from mediations completed entirely online, by text message, in one of FCMC’s mediations programs.

Start with “Hello” to Manage Conflict

(12/18/20)Lorraine Segal

Recently, I did a consultation with two long-term employees who had periodic flare ups of conflict. Here are some of the suggestions I gave the owner.

The 2020 Elections, Mediation, and the Political Divide -- What Next?

(12/14/20)Kenneth Cloke

Biden and Harris won the election, but what exactly did they win? What was lost in the process? And, as mediators and citizens, what do we do next?

Should Employment Matters with Religious Connotations be Dealt with in Court or by Mediations?

(12/07/20)Ariel Kirzner, Bruce Ally

This article focuses on a specialized class of employment law and human rights issues where there an overlap exists between matters of creed or religion and the legal relationship. In heterogeneous societies, people will disagree, sometimes passionately and fundamentally, over socio-politics, economics, spirituality and other beliefs and conduct.

Build the Toolbox

(11/10/20)Clare Fowler

Mediate.com is launching a project with mediator-designed resources called Build the Toolbox.

Top 10 Tips for Property Disputes

(11/06/20)Sharon Woodhouse

This article looks at how to resolve your property dispute as a commercial tenant, home renter, or landlord.

Virtual Mediation; An Enhanced Process or an Ephemeral Solution?

(10/30/20)Bruce Edwards

Will the future have room for both virtual and in-person mediation? The pandemic is presenting a generational opportunity for accommodation and change.

Group Decision-Making on Complex Public Issues: An experiment with structure.

(10/26/20)Sarah Daitch, Jordi Honey-Rosés

This article is a comparison of two facilitation approaches to group decision-making.

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