UC Law San Francisco
Survey of Commercial Mediation in the U.S.
Anonymous survey │ Estimated time: 5–15 minutes │ Results to be published in a publicly available report
Commercial mediation now resolves billions of dollars in business disputes every year — yet remarkably little is known about how sophisticated users actually experience the process.
The UC Law San Francisco Survey of Commercial Mediation Survey in the U.S. is one of the first national efforts to systematically study what works, what does not, and how commercial mediation can be improved for businesses, counsel, and neutrals across the country.
Help shape the future of commercial mediation by participating today in this landmark national study.
About the Survey
How Commercial Mediation is Defined
For purposes of this survey, the term “commercial mediation” should be given a wide interpretation so as to cover matters arising from any disputes of a commercial nature, whether contractual or not. It excludes disputes in the fields of employment, labor, family law, and probate unless commercial aspects predominate.
Confidential & Anonymous
The Survey is anonymous. Unless you voluntarily provide contact information at the end of the Survey, no identifying information will be collected.
Raw data will not be shared with any of the supporting institutions.
Why Participate?
If you have some knowledge of commercial mediation, your participation will help create a national picture of how mediation is actually used, experienced, and valued across the United States.
Improve Commercial Mediation
Help identify what makes business mediation effective — and what users believe should change.
Share Real-World Experience
Help voice the diverse perspectives of parties, business representatives, in-house and external counsel, mediators, and other stakeholders.
Advance National Research
Help capture a truly national picture of commercial mediation that extends beyond a handful of major markets.
Influence Practice
Help generate practical takeaways for businesses, counsel, mediators, providers, and policymakers.
Expected Outputs
The Survey is intended to be repeated periodically and to become the “go to” reference point for the latest commercial mediation trends and practices.
Step 1: National Survey
Collect responses from commercial mediation users and participants across the United States.
Step 2: Public Report
Compile findings into a publicly available report with practical takeaways for the field.
Step 3: Events & Discussion
Share results through local events, conference presentations, and ongoing stakeholder engagement.
Project Leadership
Principal Researcher |
Executive Committee |
Center for Negotiation and Dispute Resolution, UC Law SF |
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| Hiro Aragaki, Professor of Law, UC Law San Francisco and Faculty Director, Center for Negotiation and Dispute Resolution | Richard Birke, Senior Vice President, JAMS
Cedric Chao, Richard Naimark, Principal, Naimark Dispute Resolution and Board of Directors, CPR Dispute Resolution Services
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Corey Linehan, Associate Director Karen Grayson, Senior Academic Program Coordinator |
Advisory Council |
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| Steven Bierman, Bierman ADR LLC and Former Partner, Sidley Austin
Loren Brown, Partner, DLA Piper Dennis Cameron, Former GC, Devon Energy Corp. Mary Beth Cantrell, Senior Associate General Counsel, Amgen Inc. David Evans, Attorney, Murphy & King Brian Farkas, Partner, ArentFox Schiff
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Kenneth Feinberg, Mediator and Special Master of the September 11 Victim Compensation Fund of 2001
Hon. James T. Giles, Senior Counsel, Blank Rome and Former Chief Judge, Federal District Court for the Eastern District of Pennsylvania Craig Glidden, Former General Counsel, General Motors Elise Greenspan, Senior Vice President and Chief Legal Officer, Hill International
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Cynthia Haffey, Shareholder, Butzel
Adolfo E. Jimenez, Partner, Holland & Knight Linda Klein, Shareholder, Baker Donelson and Past President, American Bar Association Duncan MacKay, Deputy General Counsel & Chief Compliance Officer, Eversource Energy Carrie Menkel Meadow, Distinguished Professor of Law (and Political Science), University of California Irvine Law School |
Ed Mullins, Partner, Reed Smith
Daniel Quick, Member, Dickinson Wright Cynthia Randall, Deputy General Counsel, Microsoft Elizabeth Haecker Ryan, Mediator, MAPS- Mediation and Arbitration Professional Systems and Former Director, Coats Rose Donna Shestowsky, Senior Associate Dean for Academic Affairs and Martin Luther King Jr. Professor of Law Jessenia Vazcones-Yagual, AVP and Head of Private Company D&O Claims, Sompo |
Frequently Asked Questions
The AAA/ICDR, CPR, and JAMS strongly support the Survey and have also made a financial contribution. However, the Survey itself was conceived of and drafted by Professor Hiro Aragaki and is being administered independently by UC Law San Francisco and its Center for Negotiation and Dispute Resolution (CNDR). Professor Aragaki is a mediator with JAMS and a member of the CPR Distinguished Neutral panel.
The Advisory Council is a group of prominent lawyers, businesses professionals, and neutrals who believe in the importance of the Survey and have agreed to help promote it.
The Survey results will be compiled into a publicly available report designed to generate meaningful takeaways for businesses, counsel, mediators, ADR providers, and policymakers.
Help Shape the Future of Commercial Mediation
By completing the Survey, you will contribute to a national effort to better understand and improve commercial mediation in the United States.
Take The Survey Now