Back to the Future/Martin Rosenfeld, JD

December 11, 2017

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A conflict currently exists. The mediator has been chosen. Is there a way to fix the past? The answer to that is obviously in the negative. However, the existence of the conflict represents a challenge as well. What can the parties do to avoid a repeat of the past mistakes? There is always the possibility […]

Having Better Conversations/Martin Rosenfeld, JD

December 2, 2017

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Celeste Headlee has written on “10 Ways to a Better Conversation”. This advice will aid in mediations, negotiations, and all conversations. Among her suggestions are the following: If you expect no response or disagreement, settle for writing a blog. Conversations of all types invite responses. Do not pontificate. Don’t assume your experience is the same […]

Is Arbitration the Answer?/Martin Rosenfeld, JD

November 25, 2017

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The Time Magazine issue dated December 4, 2017 has a major piece on arbitration clauses in nursing home disputes. The analysis, written by Haley Sweetland Edwards, makes several interesting points that are not generally known. Arbitration costs are not always less costly than litigation costs. In some arbitration clauses, there is a stipulation concerning which […]

Anger and Conflict/Martin Rosenfeld, JD

November 18, 2017

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I just came across and old post by Lee Jay Berman on mediate.com. It is entitled “13 Tools for Resolving Conflict in the Workplace, with Customers and in Life”. It is a well-written overview on conflict and its solutions. Some points Mr. Berman makes about anger are of great consequence to mediation sessions. The anger […]

Negotiating in Anger?/Martin Rosenfeld, JD

November 11, 2017

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Elizabeth Bernstein, of the WSJ, penned an article entitled “To Win a Negotiation? Get Mad”. The article analyzes how the role of anger plays a role in the success or failure of a negotiation. Professor Maurice Schweitzer of the Wharton School suggests that the best time to get mad, if one perceives that something unjust […]

Dignified Mediations/Martin Rosenfeld, JD

October 29, 2017

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How can one create dignity in a mediation or negotiation? It is not as hard as one might think. Parties appreciate being treated seriously and with a modicum of respect. Some strategies for conveying respect for an opponent include the following: *Listen to another party without interruptions and with rapt attention. *Have a real curiosity […]

Mediating a Relocation Dispute/Martin Rosenfeld, JD

October 29, 2017

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Not all disputes can be resolved by trying to find a middle ground. What can a mediator do when the custodial parent announced her/his intention to take the child to another state for economic, psychological. person reasons, etc? This situation calls for the parent such a plan to show great sensitivity to the other parent. […]