Negotiating Styles/Martin Rosenfeld, JD

May 6, 2021

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I recently came across the writings of Professor Laurie Weingart of Carnegie Mellon University. The negotiation theories she has taught have lead to a paradigm of four negotiating personalities. There are the four styles: Individualists seek to maximize their own outcomes. Period. They seek to claim value but not necessarily to create it. Cooperators seek […]

A Brief Cable Tale/Martin Rosenfeld, JD

April 20, 2021

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My cable TV was having a bad day yesterday. It was working but the screen was partially obscured. I called my cable company. My results were as follows; Customer Rep #1 stated that the problem was my TV and not the fault of the cable company. Time spent on discussion: 2 minutes. Customer Rep #2 […]

The Mediation Process/Martin Rosenfeld,JD

April 19, 2021

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The Harvard Program on Negotiation published an article on April 19, 2021 on “The Mediation Process and Dispute Resolution”. Interestingly, the article begins by describing the mediation process, as our prior post discusses, as one that “can have an informal, improvisational feel”. What makes mediation unique is that the parties themselves participate in a process […]

Adaptation/ Martin Rosenfeld, JD

April 18, 2021

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Professor Michael Wheeler, of Harvard Business School, compares a negotiation to the fundamentals of jazz. He speaks in his writings about the need to be free-wheeling and spontaneous. An experienced negotiator, he teaches, knows how to adapt to her/his counterpart. This insight can be used to great advantage by those who are required to negotiate […]

A Zoom Suggestion/Martin Rosenfeld, JD

April 5, 2021

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Mediation via Zoom has made its presence felt in the coronavirus period. However, that meeting has the disadvantage of having three parties in three different locations. There is a lack of human contact in such a setting. What can the mediator do to break down this anonymous setting? Professor Noam Ebner of Creighton University has […]

Discussing College Planning in Divorce Mediation/Martin Rosenfeld, JD

April 5, 2021

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I am a believer in discussing plans for a child’s college attendance in mediation sessions, even when the children are young. Why is this? The discussion itself reminds the couple that they share dreams for the well-being of their children. Keeping this in mind can well help immunize the couple from petty and insignificant disputes […]

It Takes Two/Martin Rosenfeld, JD

March 17, 2021

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Attorney Brian L. Salamone has written on the topic of how to bring up the mediation topic with your soon-to-be ex. https://blogs.lawyers.com/attorney/divorce/bringing-up-mediation-with- your-spouse-67019/ Some of the takeaways we can use for such a situation are the following: *It is preferable to speak with your spouse rather than write him/her. If speaking is not in the […]

Biden’s Eyes on the Prize/Martin Rosenfeld, JD

March 17, 2021

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One of the rallying cries of the Civil Rights movement was “Keep your eyes on the prize”. The ascendancy of President Biden to the White House is an example of such dedication. Mr. Biden tried quite unsuccessfully on several attempts to get the Democratic nomination for the Presidency. He was considered by many to be […]

Star Wars/Martin Rosenfeld, JD

March 2, 2021

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According to an article authored by Brian Stelter, at cnn.com (March 1, 2021), ABC personality George Stephanopoulos, threatened to leave ABC network for a rival network. The issue that required the intervention of Disney executive chairman Bob Iger, was the question of who gets to cover breaking news stories on the network. For many years […]

Candor/Martin Rosenfeld, JD

February 23, 2021

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In recent months, we have heard about the possibility of various towns and cities declaring bankruptcy, in order to deal with unexpected debt in the wake of the coronavirus. The most dramatic example of a bankruptcy proceeding involving a city is likely linked with the story of Detroit’s efforts to declare bankruptcy in 2013. The […]