Browsing All Posts published on »December, 2020«

Attorney For a Mediation?/Martin Rosenfeld, JD

December 20, 2020

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I am often asked if an attorney is needed/required for mediation sessions. My answer is nuanced; an attorney is helpful to review a mediation agreement. However, having an attorney for a mediation is purely discretionary. Many clients can do well without an attorney in the mediation process. That is the nature of mediation give-and-take. If […]

The Steak Dinner Clause/Martin Rosenfeld,JD

December 19, 2020

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I just read about a most unique solution to a potential deal-breaker. Hootsuite is an on-line educational service which reaches clients via a Vendor. The deal was described by CEO Ryan Holmes in a July 26, 2016 blog post. The deal hit a roadblock when Vendor and Hootsuite could not agree as to whose responsibility […]

Your Own Facts/Martin Rosenfeld, JD

December 19, 2020

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The late Senator Patrick Moynihan of NY is often quoted about the impact of truth. Specifically, he said: “You are entitled to your own opinion, but you are not entitled to your own facts.” As the current Administration comes to an end, this is of timely import. However, it relates to mediation process as well. […]