Browsing All Posts filed under »Civil Divorce«

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 […]

Because I Can/Martin Rosenfeld, JD

May 28, 2020

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Why would President Trump not wear a mask in public despite medical advice that this be done? Why would he tweet a conspiracy theory about Joe Scarborough killing an aide 19 years ago? The polls indicate that neither action is looked upon favorably. But sometimes we just do things because we can. Because we are […]

Max Lucado/Martin Rosenfeld, JD

May 10, 2020

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Recognize the name Max Lucado? I didn’t either before day. But he is an author, clergyman and believer in the human capacity to achieve and to grow in life. Here are two quotes, both of them in the spirit of Win-Win and mediation process: “Conflict is inevitable but combat is optional” It is wise to […]

Getting to Yes/Martin Rosenfeld, JD

April 29, 2020

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I recently took a CLE course in mediation styles. I enjoy seeing how other mediators apply their trade. The mediators teaching the course had very different ideas than do I about the manner and goal of their mediation style. Since mediation is referred to as an art rather than a science, this difference of style […]

Life’s Choices/Martin Rosenfeld,JD

April 21, 2020

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A Harvard Professor by the name of Dr. Tal Ben-Shahar wrote a popular book on happiness. The book, based on a successful course Dr. Ben-Shahar taught at Harvard, is entitled “Happier”. This book is a wonderful read and offers the reader much to ponder. At the end of the chapters, the author provides an exercise […]