Browsing All Posts published on »May, 2021«

Finding Common Ground/Martin Rosenfeld, JD

May 30, 2021

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A mediator can help the parties in dispute reach a settlement if they can see that they have shared common ground. This can be attained by reality testing such as when both parties realize they are not truly prepared to engage in costly and protracted litigation. However, common ground can be attained by other means […]

When is Enough Enough?/Martin Rosenfeld,JD

May 26, 2021

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This past week I heard an intro to a CNN piece on the latest verbal outrage uttered by Rep. Marjorie Taylor Greene. (The quote is insignificant, as repeating it gives succor to the Greene band of mindless followers.) The title of the segment was announced to be “When is enough enough?”. As I think about […]

The Mediator and Rapport/Martin Rosenfeld, JD

May 16, 2021

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Professor Stephen Goldberg is a noted author and teacher at Northwestern Law School, of the mediation process. What trait does he think is essential for a successful mediator? It is the ability, his study concludes, to establish rapport with the parties. It is something that you “can’t fake”. According to Dr. Zachary A. Schaefer, in […]

When Mediation Fails/Martin Rosenfeld,JD

May 16, 2021

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Not all mediations result in a resolution of all disputed matters. What happens in such a situation? I have seen a statistic that in 20% of such cases, the parties get together and work out an agreement among themselves. It is likely that they are able to build on the work that had been started […]

Negotiating Styles/Martin Rosenfeld, JD

May 6, 2021

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I recently came across the writings of Professor Laurie Weingart of Carnegie Mellon University. The negotiation theories she has taught have lead to a paradigm of four negotiating personalities. There are the four styles: Individualists seek to maximize their own outcomes. Period. They seek to claim value but not necessarily to create it. Cooperators seek […]