Thursday, March 19, 2026

Mediation Magazine Article

So pleased to be published in this month's Mediation Magazine, a new offering from the American Arbitration Association (AAA). Mediation Magazine features a diverse range of articles and other media, including commentary on emerging trends in domestic and international mediation, case studies and lessons learned, interviews with thought leaders, innovations in mediation process design, research summaries, ethical considerations, and cross-cultural perspectives. It also offers practice-oriented content such as negotiation techniques, mediator toolkits, and dispute system design strategies. According to AAA, articles are written by leading voices in the field—practicing mediators, legal professionals, academics, and dispute resolution experts—and are complemented by interactive features such as videos to enrich engagement and accessibility. Published continuously throughout the year, Mediation Magazine aims to inform, inspire, and connect professionals committed to advancing effective, fair, and forward-looking mediation practices globally. I serve on the national panels for AAA commerical mediation and arbitraion. Though the now hundred-year-old non-profit organization has arbitration in the name, it maintains a robust mediation program. There is a growing prevalence among those drafting business contracts of including clauses requiring mediation as a precondition to initiating a lawsuit or arbitration. Disputes arising from contract obligations can be complex, technical, and even structural. Issues regarding the formation, interpretation, or enforcement of obligations invite evidentiary disputes over the circumstances surrounding the making and performance of the subject agreement. Most disputes result from the breakdown of a relationship, so I thought I'd expound on what happens in business cases and give some practical perspectives. Commercial mediators are able to ascertain the root cause of that breakdown and often help parties self-determine the outcome and avoid going to court or arbitration to get a resolution. See more here-- https://mediationmagazine.adr.org/practical-perspectives-on-commercial-mediation/