Browsing All Posts published on »January, 2020«

Problem Solving in 1962/Martin Rosenfeld, JD

January 29, 2020

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On January 29, 2020, Fred Kaplan of Slate magazine, appeared on NPR to discuss his new book “The Bomb”. How close has the world come to nuclear war, Mr. Kaplan was asked. He replied that during the Cuban Missile Crisis in 1962, President Kennedy’s military advisors did not hesitate to suggest a nuclear attack on […]

Understanding/Martin Rosenfeld, JD

January 26, 2020

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A comedian once stated that he went to a prizefight and then “a hockey match broke out”. What does one do when one is trying to mediate and then the aforementioned hickey match breaks out? Recriminations, insults, and loud banter break out. How do you take control over the process and lead it to still […]

Lose-Lose?/Martin Rosenfeld, JD

January 26, 2020

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According to Newser.com(January 15, 20200 David Ostrom sought to divorce in wife. He asked an Iowa court for permission to meet his wife, and her counsel, “on the field of battle”. His weapon of choice was a sword. To no one’s surprise, opposing counsel petitioned the Court to order a mental health evaluation for Mr. […]

When a Judge Orders One Mediation Session/Martin Rosenfeld, JD

January 13, 2020

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It is very rare that one mediation session will lead to a final agreement. Why then do judges sometimes order that a party attend one mediation session? There are actually a few benefits from such a modest order: 1. Sometimes lightening strikes at a mediation session and the parties are so pleased with their progress […]

Mediation Advice for the New Decade/Martin Rosenfeld, JD

January 1, 2020

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In Stephen Covey’s work, “The 7 Habits of Highly Effective People”, he lists this as Habit #3: “Broken focus is the number one reason people fail. It’s not enough to start off on the right track; you must successfully avoid the unnecessary distractions and attractions of life that aim to sidetrack you… The main thing […]

Visitation and a “Visitor”/Martin Rosenfeld, JD

January 1, 2020

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On occasion, during the mediation session, the request is made that the spouse with visitation rights not bring along their newest “significant other” when they see the children. The request is self-understood but is not always met with the promise of compliance. If conversation is not helpful, I try to get the parties to see […]

Who Wins in “Marriage Story”?/Martin Rosenfeld, JD

January 1, 2020

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The current movie about divorce is named “Marriage Story”. This represents an irony. A further complication is that the movie has no winners nor losers; there is likewise no hero and no villain. In this manner, the movie is like many divorces. No one truly comes out ahead. However, Alan Alda’s role as a divorce […]