Browsing All Posts filed under »Collaborative Divorce«

Having Better Conversations/Martin Rosenfeld, JD

December 2, 2017

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Celeste Headlee has written on “10 Ways to a Better Conversation”. This advice will aid in mediations, negotiations, and all conversations. Among her suggestions are the following: If you expect no response or disagreement, settle for writing a blog. Conversations of all types invite responses. Do not pontificate. Don’t assume your experience is the same […]

Anger and Conflict/Martin Rosenfeld, JD

November 18, 2017

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I just came across and old post by Lee Jay Berman on mediate.com. It is entitled “13 Tools for Resolving Conflict in the Workplace, with Customers and in Life”. It is a well-written overview on conflict and its solutions. Some points Mr. Berman makes about anger are of great consequence to mediation sessions. The anger […]

Negotiating in Anger?/Martin Rosenfeld, JD

November 11, 2017

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Elizabeth Bernstein, of the WSJ, penned an article entitled “To Win a Negotiation? Get Mad”. The article analyzes how the role of anger plays a role in the success or failure of a negotiation. Professor Maurice Schweitzer of the Wharton School suggests that the best time to get mad, if one perceives that something unjust […]

Dignified Mediations/Martin Rosenfeld, JD

October 29, 2017

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How can one create dignity in a mediation or negotiation? It is not as hard as one might think. Parties appreciate being treated seriously and with a modicum of respect. Some strategies for conveying respect for an opponent include the following: *Listen to another party without interruptions and with rapt attention. *Have a real curiosity […]

Mediating a Relocation Dispute/Martin Rosenfeld, JD

October 29, 2017

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Not all disputes can be resolved by trying to find a middle ground. What can a mediator do when the custodial parent announced her/his intention to take the child to another state for economic, psychological. person reasons, etc? This situation calls for the parent such a plan to show great sensitivity to the other parent. […]

Focusing on the Positive/Martin Rosenfeld, JD

October 8, 2017

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Tevi Troy, a former HHS official, wrote an article for the WSL entitled “”In Hurricane Relief, 2 out of 3 Ain’t Good”. Mr. Troy discusses how it only takes one failure, such as Katrina, to mark a president’s tenure as unsuccessful. “(Y)ou can do a great job with weather disasters for four years, but the […]

The Limits of Arbitration/Martin Rosenfeld, JD

October 8, 2017

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One of the tools found in ADR (Alternate Dispute Resolution) is that of arbitration. A dispute that is arbitrated is decided by a panel of experts, who are often part of an organizational structure. In effect, arbitration is a less costly form of going to Court. The decision is reached in a quicker manner than […]