Quote to Ponder/Martin Rosenfeld, JD

May 10, 2024

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Can you see some relevance to mediation process in this quote by the late renowened physicist, Niels Bohr: “Every great and deep difficulty bears in itself its own solution. It forces us to change our thinking in order to find it.”― Niels Bohr We can effect this change in thinking by reality testing, brainstorming, active listening, […]

Apologies/Martin Rosenfeld, JD

May 10, 2024

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It can be very therapeutic for a person to offer an apology during a mediation session. The key to such a proffer is that the person who initiates it must not use this as a bargaining chip; i.e. If I apologize, will you do the same.” After an apology, renewed trust can come about between […]

Mediation in the Bible/Martin Rosenfeld, JD

April 25, 2024

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The late author and theologian, Rabbi Dr. Jonathan Sacks, wrote a learned essay here https://rabbisacks.org/covenant-conversation/matot/conflict-resolution/ wherein he illustrated how Moses acted as a mediator in a dispute that is described in Chapter 32 in the Book of Numbers. Specifically, he traces how the book “Getting to Yes” is a perfect model of how Moses wisely […]

It Takes Two to Tango/Martin Rosenfeld, JD

April 25, 2024

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This excerpt of a news item by Reuters dates April 25, 2024: A meeting between Egyptian and Israeli officials (Note: re a Gaza mediation) was expected to take place on Friday in Cairo, the sources said, with further meetings with the Hamas contingent on the result. The United States and 17 other countries on Thursday issued […]

Empathy/Martin Rosenfeld, JD

April 13, 2024

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The ability to identify with another person’s anguish is a function of empathy. A mediator should strive to get the parties to have an enhanced sense of empathy for the opposing party. In his book, “Judaism’s Life-Changing Ideas”, Rabbi Dr. Jonathan Sacks, has a chapter on empathy. The author describes how narrative is how we […]

The Mediator’s Role/Martin Rosenfeld, JD

April 13, 2024

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In a recent post on mediate.com., Joy Rosenthal, mediator and litigator, opined that the most important role of the mediator is to get each party understand the other party’s point of view. While it may be somewhat tenuous to try to label the absolute most important role of the mediator, there is no question that […]

Ronna (Romney) McDaniel/Martin Rosenfeld, JD

March 26, 2024

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Ronna McDaniel, the former chair of the Republican National Committee, was hired by NBC to be a “talking head” re Republican efforts in the upcoming campaign. As Professor Joyce Vance wrote on her blog, the choice was in error (to put it mildly). Ms. McDaniel had enabled Donald Trump in his efforts to deny the […]

Mediation in Ireland/Martin Rosenfeld, JD

March 22, 2024

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Michelle Browne is an Irish mediation. She penned a book regarding her own divorce which is described at https://www.leinsterleader.ie/news/local-news/1451086/naas-mediator-pens-book-on-divorce.html. Her painful account is described in this way: “Motivated by her own painful experience, Michelle delves into the evolving field of mediation law, particularly exploring the impact of the Mediation Act 2017 on available choices for […]

The Impact of Divorce/Martin Rosenfeld, JD

March 10, 2024

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On January 30, 2024, Dr. Ann Buscho’s blog on divorce was published here: https://www.psychologytoday.com/us/blog/a-better-divorce/202401/7-emotions-how-it-may-feel-to-decide-to-divorce. The many powerful emotions that accompany divorce were described in such terms as grief, shame, anxiety and anger. For those parties who choose to litigate their divorce, there will be a delayed opportunity to try to heal from the divorce process. […]

Ground-rules For Mediation/Martin Rosenfeld, JD

March 2, 2024

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Erin Levine on February 4, 2024, wrote an article at https://www.yourtango.com/heartbreak/how-have-amicable-divorce-strategically-simple-steps. Ms. Levine, by implication, mentions a concern that is all too common. The parties in a dispute agree to mediation but little else. This is not uncommon. An introductory meeting between the parties e.g. getting divorced, could discuss when, how and where discussions meant […]