Browsing All Posts filed under »Arbitration«

Ownership Over a Dispute/Martin Rosenfeld, JD

June 19, 2017

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The Belfast Agreement of Northern Island was mediated by the former Senator George Mitchell in 1998. The peace that has reigned in that part of the world for nearly 20 years, was a tribute to the skill and negotiation acumen shown by Mr. Mitchell in his mediator role. One conversation, as narrated by Mr. Mitchell, […]

Boilerplate Divorce Agreements/Martin Rosenfeld, JD

May 29, 2017

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Boilerplate agreements are comprised of typical clauses that simply require an occasional fill-in or brief reference. A mediation client recently showed me such an agreement that a family lawyer had prepared for her. Once she agreed to its content, it would be shared with opposing counsel. Once signed by both parties, the divorce matter would […]

Kenneth Feinberg,Esq./Martin Rosenfeld, JD

April 30, 2017

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The amazing work of attorney/mediator ,┬áKenneth Feinberg, was recently highlighted in INC. magazine. Mr. Feinberg has settled claims in such tragedies as the 9/11 lawsuits, Agent Orange litigation, and Boston Marathon bombings. As a mediator, Mr. Feinberg has developed strategies to close out litigious matters through wise use of mediation theory. What can Mr. Feinberg […]

What You Don’t Do/Martin Rosenfeld, JD

April 12, 2017

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Richard Haass is President of the Council on Foreign Relations. He often appears as a very insightful and well-informed “talking head” on the Morning Joe program. He was recently asked what the recent gassing on Syrian innocents can teach us about President Assad and past US policy. His statement can be paraphrased as follows: “We […]

How You Sound to Others/Martin Rosenfeld, JD

April 9, 2017

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A software startup, Civil, forces people who wish to comment on a discussion online, to first evaluate three other comments for their civil quality. The third comment subject to this evaluation is that of the reviewer herself. The reviewer is asked if they wish to modify their comment, which they often do. In this way, […]

How Not to Negotiate/Martin Rosenfeld, JD

March 25, 2017

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Joe Cunningham, of Redstate.Com wrote of the efforts of Steve Bannon to get the Republicans to vote for the American Health Care Act. Mr. Bannon reportedly walked into a room with the Freedom Caucus members present and announced: “This is not a debate. You have no choice but to vote for this bill.” The response […]

Taking A Break/Martin Rosenfeld, JD

March 2, 2017

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There will be times in a mediation session where it is wise to take a break, for the day or for a long period of time. The latter advice was recently posted by the Department of Justice in New Zealand: “If you haven’t reached agreement at the end of your Family Dispute Resolution Sessions…it may […]