Browsing All Posts filed under »Civil Divorce«

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 […]

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 […]

Negotiating a Wall/Martin Rosenfeld, JD

January 28, 2019

0

After the government shutdown, President Trump announced that there would be a few weeks to negotiate a new deal on the Wall, while there was an interim budget. A deadline was set for February 15, 2019 and the request for 5+ Billion Dollars was re-affirmed. Despite it all, the president put the odds of an […]

The Role of Memory/Martin Rosenfeld, JD

January 24, 2019

2

The following quote, by Tammy Lenski, a mediator and author, (See tammylenski.com/the-body-in-the-suitcase-and-the-conflict-stories-we-tell) packs quite a punch: “When we get into a conflict with someone, it’s natural to replay our experience of the conflict, both in our minds and as we tell others about it. Over time, this replay can begin to feel like The Truth […]