Browsing All Posts published on »July, 2016«

Winning Isn’t Everything/Martin Rosenfeld, JD

July 31, 2016


In any negotiation a party has a choice between winning on every possible issue or getting to a fair agreement with the other side. The late Coach, Vince Lombardi, once said “Winning isn’t the best thing, it is the only thing.” But is winning in a negotiation truly the only thing? Consider the following: *If […]

Getting Out of the Way/Martin Rosenfeld, JD

July 24, 2016


An attorney/mediator, Jan Frankel Schau, recently wrote a post at, entitled “A Funny thing Happens When People Talk to One Another in Mediation”. Ms. Schauu described her involvement in several litigated matters. Attorneys and clients were frustrated with the slow movement of the cases. What does a mediator do? Well Ms. Schau took a […]

Mediation and the Three Commandments/Martin Rosenfeld, JD

July 23, 2016


One of the more widely-read of the posts I have written was the “Ten Commandments” of Mediation based on the writings of Attorney/Mediator/Author Marcy Jones. I will present an abbreviated version of this post. Think of it as the “Three Commandments” of Mediation: * If the marriage isn’t working, it is seldom just one person’s […]

Team of Rivals/Martin Rosenfeld, JD

July 14, 2016


The pundits are having a field day predicting who may be the vice presidential pick for the two major parties. Should s/he be a perfect match for the nominee’s ticket or should they be selected as someone who comes from a different philosophy and constituency? The latter school of thought has been a popular one […]

Collaboration/Martin Rosenfeld, JD

July 10, 2016


A mediator is accustomed to the concept of compromise, looking for shared ground, Win-Win, etc. However, a party in a divorce mediation well feel that the other party will take it as a sign of weakness if their opposing party starts discussing possible grounds or a resolution of the dispute. “Why should I make the […]