Browsing All Posts published on »November, 2017«

Is Arbitration the Answer?/Martin Rosenfeld, JD

November 25, 2017


The Time Magazine issue dated December 4, 2017 has a major piece on arbitration clauses in nursing home disputes. The analysis, written by Haley Sweetland Edwards, makes several interesting points that are not generally known. Arbitration costs are not always less costly than litigation costs. In some arbitration clauses, there is a stipulation concerning which […]

Anger and Conflict/Martin Rosenfeld, JD

November 18, 2017


I just came across and old post by Lee Jay Berman on It is entitled “13 Tools for Resolving Conflict in the Workplace, with Customers and in Life”. It is a well-written overview on conflict and its solutions. Some points Mr. Berman makes about anger are of great consequence to mediation sessions. The anger […]

Negotiating in Anger?/Martin Rosenfeld, JD

November 11, 2017


Elizabeth Bernstein, of the WSJ, penned an article entitled “To Win a Negotiation? Get Mad”. The article analyzes how the role of anger plays a role in the success or failure of a negotiation. Professor Maurice Schweitzer of the Wharton School suggests that the best time to get mad, if one perceives that something unjust […]