Browsing All Posts published on »February, 2016«

Christie’s Trump Endorsement/Martin Rosenfeld, JD

February 28, 2016

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A few days after Gov. Chris Christie quit his run for the Republican Party Presidential nod, he endorses a former opponent, Donald Trump. The move surprised the pundits because Mr. Christie had been quite critical of Mr. Trump doing the early primary season. According to one report, the Governor received the endorsement of a NH […]

Collaborative Law/Martin Rosenfeld, JD

February 25, 2016

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Although I serve in my professional life as a mediator, I am always looking for ways to grow in other fields as well. I recently took a training course in Collaborative Law, which involves two attorneys working as a team to try to bring the parties in a divorce to a peaceful accord. The attorneys […]

Agreements/Martin Rosenfeld, JD

February 20, 2016

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Bruce Patton is a co-author of “Getting to Yes: Negotiating Agreements Without Giving In”. Mr. Patton describes the typical negotiation as follows: strong demand, counter-claim, and concession. The agreement involves, often enough, splitting the difference. If there is no agreement, there is an impasse. The alternative is the model we know as Win-Win. The model […]

Mediation, Arbitration, and Litigation/Martin Rosenfeld, JD

February 14, 2016

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An article outlining the differences between mediation, arbitration, and litigation was prepared by the staff of the Program on Negotiation (PON) at Harvard Law School. The article can be found at: http://www.pon.harvard.edu/daily/dispute-resolution/what-are-the-three-basic-types-of-dispute-resolution-what-to-know-about-mediation-arbitration-and-litigation/. In a short article, some issues become very noticeable. The article describes mediation as a process that engages the parties. The main figure in […]

Israel: Divorce Mediation Law/Martin Rosenfeld, JD

February 3, 2016

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The Israeli legal system has just mandated mediation prior to the granting of divorce. The advantages and disadvantages of such legislation can  be found in the Jerusalem Post. See http://www.jpost.com/Opinion/Mediation-and-the-law-443079

When A Patient Gets an Apology/Martin Rosenfeld,JD

February 2, 2016

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A headline in the Wall Street Journal said it all: “Hospitals Learn to Say ‘I’m Sorry’ to Patients.” At Stanford Hospital, a surgeon accidentally caused a new injury to a patient. The patient received an apology, an explanation, and a waiver of the bill, plus an undisclosed settlement.  The protocol was consistent with the adoption […]

Can Fighting be Productive?/Martin Rosenfeld, JD

February 1, 2016

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I saw the following quote online today: “Fight against something and we focus on the thing we hate. Fight for something and we focus on the thing we love.” – Simon Sinek Like many aphorisms, there are many exceptions to the stated rule. Fighting against e.g. bigotry is a focus on something positive. Fighting for […]