Hope and Mediation/Martin Rosenfeld,JD

September 26, 2016

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The following appeared in the Boston Globe, on September 23, 2016: WE OFTEN HEAR politicians expressing “hope” for the resolution of various disputes, even though it sounds trite and anodyne. But new research suggests that it does make a difference to one’s opponents. When informed that Palestinians had become more hopeful about peace in response […]

Where Are We?/Martin Rosenfeld, JD

September 24, 2016

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The former Secretary of Defense, Robert Gates, was fond of telling his charges: “We are where we are–not where we want to be.” In a negotiation, it is easy to talk about what could have been and what should have been. While the review of the past has some relevancy in any negotiation, the parties […]

Mediation Creates a Space/Martin Rosenfeld, JD

September 14, 2016

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Attorney/Mediator Michael Aurit added his name to the many who have written articles on how to select a mediator. Attorney Aurit acknowledges the fact that his topic selection, is neither novel nor unique. However, in his article, found  on mediate.com, Mr. Auritt defines the role of the mediator in terms of her/his ability to create […]

Mediating for the Future/Martin Rosenfeld, JD

September 10, 2016

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We think of mediation often in terms of current needs such as child support, alimony, division of property, etc. However, future issues are no less important in a mediation agreement. Future-looking issues may include: *Methods for resolving future disputes *Paying for future parties, weddings, etc. *Methods by which future expenses (e.g. medical, mental health, etc.) […]

The Apology/Martin Rosenfeld, JD

August 30, 2016

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It is not difficult to understand how an apology can move parties from deadlocked positions to the road of Win-Win. What makes for a good apology? Here is the conclusion on one study: Edward Tomlinson of John Carroll University and Roy Lewicki of Ohio State University concluded that participants viewed apologies to be more sincere when […]

Mediation and Peace/Martin Rosenfeld, JD

August 27, 2016

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Indira Gandhi was quoted as saying “You can’t shake hands with a clenched fist.” It takes two parties to stoke a controversy. In a mediation, you would do well to get the parties, or at least one party, to take ownership over the dispute. Once this is done, the search for solutions becomes easier. The […]

A Short Olympic Post/Martin Rosenfeld, JD

August 17, 2016

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The Olympics have had their share of stories that fall short of what we expect from a world event. But one moment will long be remembered. In a collision of two Olympic sprinters, Nikki Hamblin from New Zealand and American runner, Abbey D’Agostino fell to the ground in a tangled heap. Runners passed them by […]