Browsing All Posts filed under »Collaborative Divorce«

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 […]

Mediation Quote

September 30, 2017

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I just saw this without attribution: I do not know if it is truly wrong to need to be right. What is essential however is to overcome that need in order to achieve a greater need; that of trying to get to Win-Win.

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 […]

That Which is Possible/Martin Rosenfeld, JD

August 5, 2017

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The New York Times, in a recent editorial, wrote this about the Trump Presidency: “… (P)olitics is not “The Art of the Deal,” but the art of the possible.” There is often not only one definitive solution to a particular problem. The parties themselves need to search for a solution which is consistent with their needs […]

Doing the Right thing/Martin Rosenfeld, JD

July 29, 2017

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The historic vote on the repeal of the Obamacare Program fell short by one vote. That vote is attributed to the surprise negative vote of Senator John McCain. Why did he decide to cast a negative vote? He explained that “It was the right thing to do.” There are times in life where our internal […]

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 […]