Browsing All Posts filed under »Arbitration«

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 […]

Safeguarding Wisdom/Martin Rosenfeld, JD

July 2, 2017

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Kathleen Parker wrote about the last tweet-storm of President Trump. She referred to the “fine art of disregard”. When under verbal assault, one needs to learn how to ignore certain comments. The “disregard” allows important work to get done. Not everybody who disagrees with us is our enemy. A successful mediation is often sparked by […]

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 […]