Browsing All Posts filed under »Civil Divorce«

Attorney For a Mediation?/Martin Rosenfeld, JD

December 20, 2020

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I am often asked if an attorney is needed/required for mediation sessions. My answer is nuanced; an attorney is helpful to review a mediation agreement. However, having an attorney for a mediation is purely discretionary. Many clients can do well without an attorney in the mediation process. That is the nature of mediation give-and-take. If […]

Your Own Facts/Martin Rosenfeld, JD

December 19, 2020

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The late Senator Patrick Moynihan of NY is often quoted about the impact of truth. Specifically, he said: “You are entitled to your own opinion, but you are not entitled to your own facts.” As the current Administration comes to an end, this is of timely import. However, it relates to mediation process as well. […]

A Lesson From Social Media/Martin Rosenfeld, JD

October 27, 2020

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Damon Centola is a Professor at the University of Pennsylvania. He recently conducted an experiment in which he divided diehard Democrats and Republicans into “echo chambers”. There, each group was put into close proximity with those who held differing political beliefs. After these interactions, the participants were shown to have become less polarized rather than […]

Handling Arguments/Martin Rosenfeld, JD

October 27, 2020

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Marla Tabaka of Inc magazine, recently wrote “Leaders Don’t Argue, They Teach”. She gives insights into the theme of how leaders act with emotional intelligence. What skills can one use to redirect an argument? Ms. Tabaka’s summary includes the following: *Remain Self-Aware: It is nearly impossible for one who “needs to be right” to be […]

When Mediation Fails/Martin Rosenfeld, JD

September 6, 2020

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Mediation is the search for Win-Win. Litigation is the search for defeating your opponent. But does mediation always work? In my experience, there are certain factors that make success for the mediation perilous. These factors include the following: *If there is active enmity between the the parties, mediation may not be doomed to failure. If […]

The Power We Have/Martin Rosenfeld, JD

July 19, 2020

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Historian Douglas Brinkley on the life of the late Rep. John Lewis: “He believed in the power of love, not the power of hate.” For those brave enough to try to mediate disputes with their “opponents”, they may be so fortunate so as to internalize this truism; the nullity of the power of hate. Mediate […]

What You Can Control/Martin Rosenfeld, JD

July 12, 2020

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It is often said by those in the mental health field that we can be far healthier once we realize that we can’t control external events. We can only control how we react to them. A recent article was written for mediate.com by mediator and author, Cinnie Noble. The July article begins by citing the […]

Parenting Post-Divorce/Martin Rosenfeld, JD

July 5, 2020

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I just came across a blogsite which is authored by Pastor Thom Dick, who serves as Assistant Pastor at the Canadian Southland Church. In an article found here, the Pastor discusses how parenting can work even after divorce.: https://www.mysteinbach.ca/blogs/9555/three-keys-to-successfully-co-parent-after-divorce/ There are three rules to consider in post-divorce parenting. They are as follows: 1. Assume that […]

A Prime Minister Speaks on ADR/Martin Rosenfeld, JD

June 28, 2020

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An article penned by the Harvard Program on Negotiation (found at https://www.pon.harvard.edu/daily/international-negotiation-daily/international-negotiations-and-conflict-tony-blairs-10-principles-for-dispute-resolution-negotiations/) discusses the negotiation style of former UK Prime Minister Tony Blair. Of particular note is the following idea: “Because the two sides in a lingering dispute have difficulty seeing each other’s pain, conflict resolution is best viewed as a journey rather than an […]

A True Mediator?/Martin Rosenfeld, JD

June 3, 2020

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VP Biden spoke about the tragic events of recent days. (Is that all it has been. It seems like a lifetime.) He promised that if elected, he will listen to people and try to get it right. Is that not the role of the mediator? Trying to defuse toxic situations. Listening. Guiding. Faciliating. Trying to […]