Browsing All Posts published on »December, 2015«

Respect in the Mediation/Martin Rosenfeld, JD

December 25, 2015


What is the role of “respect” in the mediation session? Does a mediator have the right to set ground-rules for the mediation? An interesting perspective recently appeared at in an article entitled “Does Mediation Really Need ‘Respect’? The author, Katherine Graham, makes a case for a diminished mediator role in such a sphere because […]

Negotiations and Fairness/Martin Rosenfeld, JD

December 24, 2015


The Harvard Program on Negotiation (PON) recently made this simple but elegant statement about the role of fairness in the negotiation setting: “In any negotiation, you should strive to bring fairness considerations to the surface.” It is likely axiomatic that a mediation session (or one of negotiation) without an emphasis on fairness is destined to […]

A Pithy Reminder/Martin Rosenfeld, JD

December 13, 2015


Mediation is not a cure-all for all ills. Divorce involves conflict. Conflict is stressful and even mediation may not succeed in eliminating the conflict that flows from divorce. Enter author and cleric, Max Lucado. He has said: “Conflict is inevitable but combat is optional. If mediation succeeds in eradicating just the combat, it deserves special […]

Be Prepared/Martin Rosenfeld, JD

December 10, 2015


The football coach George Allen once said: “Winning is the science of being totally prepared.” We all know this teaching by intuition. Ever hear a speech that was well-prepared and one that was hardly prepared? The difference is quite significant. In a mediation, the advantages such as lower cost, lowered anxiety, privacy and Win-Win are […]