Prudence/Martin Rosenfeld, JD

November 14, 2020

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I just read a vignette about President Dwight Eisenhower. Someone handed him a sealed envelope and told the President its contents was for his review. President Eisenhower refused to open the envelope as it was his policy to only review documents that had first been reviewed by an aide. He wanted to ensure that at […]

Compromise/Martin Rosenfeld, JD

November 6, 2020

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This one from Pakistani stateman Imran Khan: “Compromise for you dream but do not compromise on your dream.” Compromise is a necessary means of getting to Win-Win. Or, to quote comedian Steven Wright: “You can’t have it all. Where would you put it?”. Give and take leads to Win-Win. Being stuck in your position? Well […]

Because it is Hard/Martin Rosenfeld, JD

November 4, 2020

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When President Kennedy spoke about space travel he explained that he was pushing for the NASA program “[N]ot because it is easy but because it is hard.” In a recent article by the Wall Street Journal (November 2, 2020)on the effect from the COVID virus on businesses, a restaurant owner, Ms. Tracy Shields, explains why […]

A Lesson From Social Media/Martin Rosenfeld, JD

October 27, 2020

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Damon Centola is a Professor at the University of Pennsylvania. He recently conducted an experiment in which he divided diehard Democrats and Republicans into “echo chambers”. There, each group was put into close proximity with those who held differing political beliefs. After these interactions, the participants were shown to have become less polarized rather than […]

Handling Arguments/Martin Rosenfeld, JD

October 27, 2020

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Marla Tabaka of Inc magazine, recently wrote “Leaders Don’t Argue, They Teach”. She gives insights into the theme of how leaders act with emotional intelligence. What skills can one use to redirect an argument? Ms. Tabaka’s summary includes the following: *Remain Self-Aware: It is nearly impossible for one who “needs to be right” to be […]

VP Biden Was Not the First/Martin Rosenfeld, JD

October 15, 2020

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One of the mainstays of the Trump campaign speech (both for Trump Sr. and Trump Jr.) is making reference to Vice President Biden’s “staying in the basement”. This strategy of “lying low” is actually not a new one at all. According to historian Doris Kearns Goodwin (“Leadership in Turbulent Times”) President Lincoln stayed in his […]

The Art of Compromise/Martin Rosenfeld, JD

October 7, 2020

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When parties in a dispute are at the point of deadlock, compromise can be a useful strategy. I am currently reading a book about Rep. John Lewis, “The Truth is Marching On” by Jon Meacham. The narrative reviews the 1941 dream of A. Philip Randolph, a civil rights leader, to organize a March on Washington. […]

Taking Control/Martin Rosenfeld, JD

September 26, 2020

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The more I blog on mediation, the more I see how how many components go into a process of mediation. I just read a September 2020 blog piece by mediator Michael Jacobs at mediate.com. The theme of this piece was that of taking control. Everybody wants to control important situations. How doe one get two […]

A Crucial Skill/Martin Rosenfeld, JD

September 26, 2020

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Here is a sentence fragment. See if you can fill in the missing word. “It is almost impossible to hate a person whom we fully…”. The fragment is attributed to Rabbi Ralph Nichols. He was considered a pioneer in the “field of listening”. The complete sentence reads “It is almost impossible to hate a person […]

When Mediation Fails/Martin Rosenfeld, JD

September 6, 2020

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Mediation is the search for Win-Win. Litigation is the search for defeating your opponent. But does mediation always work? In my experience, there are certain factors that make success for the mediation perilous. These factors include the following: *If there is active enmity between the the parties, mediation may not be doomed to failure. If […]