Browsing All Posts published on »September, 2020«

Taking Control/Martin Rosenfeld, JD

September 26, 2020

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The more I blog on mediation, the more I see how how many components go into a process of mediation. I just read a September 2020 blog piece by mediator Michael Jacobs at mediate.com. The theme of this piece was that of taking control. Everybody wants to control important situations. How doe one get two […]

A Crucial Skill/Martin Rosenfeld, JD

September 26, 2020

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Here is a sentence fragment. See if you can fill in the missing word. “It is almost impossible to hate a person whom we fully…”. The fragment is attributed to Rabbi Ralph Nichols. He was considered a pioneer in the “field of listening”. The complete sentence reads “It is almost impossible to hate a person […]

When Mediation Fails/Martin Rosenfeld, JD

September 6, 2020

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Mediation is the search for Win-Win. Litigation is the search for defeating your opponent. But does mediation always work? In my experience, there are certain factors that make success for the mediation perilous. These factors include the following: *If there is active enmity between the the parties, mediation may not be doomed to failure. If […]

Win-Win By the Numbers/Martin Rosenfeld, JD

September 5, 2020

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The Program on Negotiation of Harvard University had a discussion on Win-Win at https://www.pon.harvard.edu/daily/win-win-daily/what-is-a-win-win-negotiation? (August 22,2020). Win-Win is a concept that states that two parties, with seemingly different goals, could get to a point where they “won” on the points most important to them. The following example serves to bring this point home: “3. Different […]