Brainstorming/Martin Rosenfeld, JD

February 16, 2020

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In a mediation there can come a time when the parties seem unable to come up with new and untried options. This is a good time to try to brainstorm. We have rules for everything, and brainstorming is no exception. Brainstorming can be effective, and there is no need to take up too much time […]

The Attorney Role in Mediations/Martin Rosenfeld, JD

February 16, 2020

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Attorney Tye Bourdony penned an article for the February 2020 issue of mediate.com. (“Do I Need to Have a Divorce/Family Attorney Before Beginning My Divorce”). In the article, Mr. Bourdony describes two types of divorcing couples; those who are “at war” and those who can work towards an amicable divorce agreement. He then suggests that […]

Online Dispute Resolution in Ohio (cont’d)/Martin Rosenfeld, JD

February 16, 2020

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A blog was published here on February 11, 2019 on the ODR program in Ohio. This program allows the parties in a dispute to utilize resources established by the court in a virtual setting. Recently, feedback was published from participants in this program. 91% of the participants stated that they would recommend this program to […]

Problem Solving in 1962/Martin Rosenfeld, JD

January 29, 2020

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On January 29, 2020, Fred Kaplan of Slate magazine, appeared on NPR to discuss his new book “The Bomb”. How close has the world come to nuclear war, Mr. Kaplan was asked. He replied that during the Cuban Missile Crisis in 1962, President Kennedy’s military advisors did not hesitate to suggest a nuclear attack on […]

Understanding/Martin Rosenfeld, JD

January 26, 2020

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A comedian once stated that he went to a prizefight and then “a hockey match broke out”. What does one do when one is trying to mediate and then the aforementioned hickey match breaks out? Recriminations, insults, and loud banter break out. How do you take control over the process and lead it to still […]

Lose-Lose?/Martin Rosenfeld, JD

January 26, 2020

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According to Newser.com(January 15, 20200 David Ostrom sought to divorce in wife. He asked an Iowa court for permission to meet his wife, and her counsel, “on the field of battle”. His weapon of choice was a sword. To no one’s surprise, opposing counsel petitioned the Court to order a mental health evaluation for Mr. […]

When a Judge Orders One Mediation Session/Martin Rosenfeld, JD

January 13, 2020

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It is very rare that one mediation session will lead to a final agreement. Why then do judges sometimes order that a party attend one mediation session? There are actually a few benefits from such a modest order: 1. Sometimes lightening strikes at a mediation session and the parties are so pleased with their progress […]