Browsing All Posts filed under »Arbitration«

Focusing on the Positive/Martin Rosenfeld, JD

October 8, 2017

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Tevi Troy, a former HHS official, wrote an article for the WSL entitled “”In Hurricane Relief, 2 out of 3 Ain’t Good”. Mr. Troy discusses how it only takes one failure, such as Katrina, to mark a president’s tenure as unsuccessful. “(Y)ou can do a great job with weather disasters for four years, but the […]

The Limits of Arbitration/Martin Rosenfeld, JD

October 8, 2017

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One of the tools found in ADR (Alternate Dispute Resolution) is that of arbitration. A dispute that is arbitrated is decided by a panel of experts, who are often part of an organizational structure. In effect, arbitration is a less costly form of going to Court. The decision is reached in a quicker manner than […]

On-Line Mediation/Martin Rosenfeld, JD

September 10, 2017

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(The following information comes from an article entitled “Why We Need Fewer Lawyers” by Professor Jonathan H. Adler, at WSJ/9/7/17)).PayPal and eBay currently utilize computer-assisted mediation. The companies employ systems that can identify areas of agreement between vendors and purchasers and they then propose potential solutions. Approximately 90% of assigned disputes are able to reach […]

Mediation in Alabama/Martin Rosenfeld, JD

September 1, 2017

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The State of Alabama was recently sued by the inmates of its prison system. The issue at hand was the quality of the medical and therapeutic services that were made available to the inmates of the prison system. A federal judge, Myron Thompson, ruled against the State. Judge Thompson ordered mediation to take place between […]

Trump as Negotiator/Martin Rosenfeld, JD

August 11, 2017

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An article recently appeared at Huffington Post regarding the negotiating style of President Trump. Examples are cited from recent tapes of phone discussion between the President and heads of State in Mexico and Australia. This is the opinion of one expert in the field: “John Oesch, an associate professor at the Rotman School of Management […]

What Did You Say?/Martin Rosenfeld, JD

July 16, 2017

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There are times where we find a need to respond to a “vicious hit”. It may be in our role as mediator or in a role as one negotiating in a mediation session. How does one deal with abrasive comments? There is no easy answer, but it is done with patience, wisdom and a positive […]

The Little Things/Martin Rosenfeld, JD

July 2, 2017

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A California realtor was interviewed in the Wall Street Journal. His name is Sean Stanfield. He stated that he never relies on lockboxes to allow entry for the prospective buyer. “We always have a member present…It is the little things…that make the biggest difference.” What can make a difference in a mediation? It is hard […]