Kenneth Feinberg,Esq./Martin Rosenfeld, JD

Posted on April 30, 2017


The amazing work of attorney/mediator , Kenneth Feinberg, was recently highlighted in INC. magazine. Mr. Feinberg has settled claims in such tragedies as the 9/11 lawsuits, Agent Orange litigation, and Boston Marathon bombings. As a mediator, Mr. Feinberg has developed strategies to close out litigious matters through wise use of mediation theory. What can Mr. Feinberg teach us?

Always get the parties to agree on a deadline for their talks. “Without an end time, a negotiation can just drift along. It an excuse to do nothing.”

Always be in the same room as the negotiating parties. “There’s no substitute for face-to-face negotiations. You can’t do these things on the telephone.”

Getting through a tough negotiation requires a certain mindset. “Be very optimistic, very positive. ” A favorite phrase of Mr. Feinberg is this: “There’s no reason we can’t settle this. We’re all reasonable. Let’s find a way to get to yes.”

The work of Mr. Feinberg is a wonderful example of how mediation theory can do that which litigation will never be able to accomplish. Mediate don’t litigate.