Browsing All Posts filed under »commercial disputes«

Who We Are/Martin Rosefeld, JD

November 7, 2018

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Family Law litigator, Steven Kolodny, was recently interviewed by Family Lawyer Magazine. He was asked why he chose to practice Family Law. This was part of his response: “I chose family law because it is the only area of law that gives you the opportunity to make a positive difference in the future lives of […]

A Mediator and “Full-Service”/Martin Rosenfeld, JD

November 7, 2018

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A mediator is a professional who helps parties involved in disputes avoid reaching an impasse. But the Mediator may truly be able to impact on lives in ways not conveyed in a simple job-description. Because of her/his role of trust, a Mediator might find that there is a role to play in the following mental […]

What is the Opposite of Win-Win?/Martin Rosenfeld, JD

October 18, 2018

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In mediation theory, the term Win-Win is used quite often. The need to get both sides to “win” on some important points is never overstated. But do people really try to achieve Win-Lose? A textbook example of Win-Lose is discussed in a piece for the Wall Street Journal (10/17/18) by William A. Galston. This is […]

Empathy/Martin Rosenfeld, JD

October 14, 2018

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Ever have a bad day? We all have such days. How about a bad week? That too is familiar to many of us. How about a difficult few months? That is what happens to people who are in a crisis-mode. The reason for this bad stretch might be personal problems, medical issues, financial setbacks, etc. […]

Grievance V. Gratitude/Martin Rosenfeld, JD

October 14, 2018

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Which political party was given a boost by the appointment of Justice Kavanaugh to the Supreme Court? Was it the Republican Party, which got to see the appointment of someone who espouses their strong conservative views? Or was the Democratic Party energized by the need to stand up for their principles which may have been […]

Email Won’t Replace Conversation/Martin Rosenfeld, JD

September 26, 2018

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The Program on Negotiation (PON) of Harvard University, published an article (September 20, 2018) entitled “The Pitfalls of Negotiating Over Email”. We probably know intuitively that Email is not a perfect communication vehicle. The post discusses some of its weaknesses. It is difficult to read a statement on paper, and determine if the writer is […]

Lawsuits and Mediation/Martin Rosenfeld, JD

September 26, 2018

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The mantra often found in these pages is “Mediate Don’t Litigate”. But aren’t there times where a lawsuit is necessary and even a positive step. Undoubtedly this is true. But perhaps President Lincoln, a former trial lawyer, said it best “A good settlement is better than a good lawsuit.” And again, mediate don’t litigate.