Browsing All Posts filed under »commercial disputes«

Back to the Future/Martin Rosenfeld, JD

December 11, 2017

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A conflict currently exists. The mediator has been chosen. Is there a way to fix the past? The answer to that is obviously in the negative. However, the existence of the conflict represents a challenge as well. What can the parties do to avoid a repeat of the past mistakes? There is always the possibility […]

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 […]

Is Arbitration the Answer?/Martin Rosenfeld, JD

November 25, 2017

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The Time Magazine issue dated December 4, 2017 has a major piece on arbitration clauses in nursing home disputes. The analysis, written by Haley Sweetland Edwards, makes several interesting points that are not generally known. Arbitration costs are not always less costly than litigation costs. In some arbitration clauses, there is a stipulation concerning which […]

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 […]

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 […]

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.

Mediation in Alabama/Martin Rosenfeld, JD

September 1, 2017

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The State of Alabama was recently sued by the inmates of its prison system. The issue at hand was the quality of the medical and therapeutic services that were made available to the inmates of the prison system. A federal judge, Myron Thompson, ruled against the State. Judge Thompson ordered mediation to take place between […]