Browsing All Posts filed under »Arbitration«

The Tool of Silence/Martin Rosenfeld,JD

April 7, 2019

0

Phyllis Polack, a prolific writer on mediation, recently penned “Silence is Golden” at https://www.mediate.com/articles/pollack-silence-golden.cfm. The gist of this piece is that effective mediation requires the gift of listening. However, at times, a mediator may choose to resort to the use of silence. Pausing in silence, can be a powerful tool. As an example, think of […]

How to Criticize and Be Heard/Martin Rosenfeld, JD

March 31, 2019

0

An article appeared on March 22,2019, on the website for the periodical “Fast Company”. It is entitled “Why the ‘Velvet Hammer’ is a Better Way to Give Constructive Criticism”. The gist of the article is that there is indeed a proper way to deliver “bad news” to a party. The following explanation speaks for itself: […]

Staying Calm/Martin Rosenfeld, JD

March 31, 2019

0

A few days ago, the 9 Republicans on the House Intelligence Committee chaired by Rep. Adam Schiff, called for him to resign his position on the Committee in response to the Mueller report. A brief view of the Schiff response may be found at youtube.com (https://www.youtube.com/watch?v=J6fKbEqurZA). The notable quality of the Schiff response is how […]

Feuding With the Dead/Martin Rosenfeld, JD

March 24, 2019

0

On March 21,2019 former Senator Joseph Lieberman wrote a piece for the Washington Post on a proper response to the President’s attacks on the late Senator John McCain. The op-ed was written by a friend, as a defense/tribute to the late Senator. What did Senator McCain teach by example? 1. He was forgiving. He spent […]

Power-Based Bargaining/Martin Rosenfeld, JD

March 17, 2019

0

Professor Alain Lempereur recently wrote a brief piece for the Harvard Program on Negotiation (March 17, 2019) discussing the aborted talks between the US and North Korea. The thesis of this analysis is that failed talks often emerge from power-based bargaining. In effect, the parties default into a position of “My way or the highway”. […]

Post Nuptial Agreements/Martin Rosenfeld, JD

March 3, 2019

0

Much has been written about prenuptial agreements. They work best when there is a second marriage and/or when the parties wish to retain their own valuable holdings. However, these agreements have their critics as well. They bring an element of business negotiations into the love-based relationship we know as marriage. They potentially can cast a […]

Negotiation and Chaos/Martin Rosenfeld, JD

February 13, 2019

0

The negotiation on the Wall was, at its worst, chaotic. Government shutdowns, twitter storms, aborted meetings,etc surely point to a lack of order or purpose. Is chaos a sure sign of a failed negotiation? The answer may be “No”. In 2014, Professor Michael Wheeler of Harvard Business School,wrote a book entitled: “The Art of Negotiation: […]