Browsing All Posts filed under »Collaborative Divorce«

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”. […]

Your Legacy/Martin Rosenfeld, J.D.

March 10, 2019

0

Whenever a US President reaches a second term, the article du jour seems to center about what that person’s legacy will be. How should this person be remembered? What will history think of them? The concept of legacy has surprising nexus to dealing with stressful disputes and negotiations. How it might work will be illustrated […]

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 […]

Negotiation and Chaos/Martin Rosenfeld, JD

February 13, 2019

0

The negotiation on the Wall was, at its worst, chaotic. Government shutdowns, twitter storms, aborted meetings,etc surely point to a lack of order or purpose. Is chaos a sure sign of a failed negotiation? The answer may be “No”. In 2014, Professor Michael Wheeler of Harvard Business School,wrote a book entitled: “The Art of Negotiation: […]

Ohio As a Mediation Pioneer/Martin Rosenfeld,JD

February 11, 2019

0

A unique Court program is described at https://sc.courtinnovations.com/OHFCMC. Potential litigants in Columbus, Ohio are welcomed to a no-cost program that will guide them through a process that may lead to a resolution. The site offers the parties short videos describing mediation, and a “negotiation space”. This space is an “online space to negotiate a satisfactory […]

A Simple Clause/Martin Rosenfeld, JD

February 11, 2019

0

I had a Professor for an Education class who pointed out that teachers should not shy away from personal discussions. Specifically, she urged the students, once in a classroom, to discuss why they chose to be teachers. It is only natural that a teacher of the young explain why they wish to teach the young. […]

The Power of Persuasion/Martin Rosenfeld, JD

February 5, 2019

0

Tonight is the President’s 2019 State of the Union Address. The anticipation lies in people guessing what the President will say, or not say, about the Wall. I came across a book review of a work written long ago (1960)entitled “Presidential Power” by Richard Neustadt. The authors describes one of the powers a successful President […]