Browsing All Posts filed under »commercial disputes«

When Mediation Fails/Martin Rosenfeld, JD

September 6, 2020

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Mediation is the search for Win-Win. Litigation is the search for defeating your opponent. But does mediation always work? In my experience, there are certain factors that make success for the mediation perilous. These factors include the following: *If there is active enmity between the the parties, mediation may not be doomed to failure. If […]

Win-Win By the Numbers/Martin Rosenfeld, JD

September 5, 2020

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The Program on Negotiation of Harvard University had a discussion on Win-Win at https://www.pon.harvard.edu/daily/win-win-daily/what-is-a-win-win-negotiation? (August 22,2020). Win-Win is a concept that states that two parties, with seemingly different goals, could get to a point where they “won” on the points most important to them. The following example serves to bring this point home: “3. Different […]

Styles of Obama & Biden/Martin Rosenfeld, JD

August 17, 2020

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Alex Thompson is the Political National Reporter for Politico.com. On August 14, 2020, he wrote a piece discussing the relationship between President Obama and his VP, Joseph Biden. (“The President Was Not Encouraging: What Obama Really thought About Biden”)Clearly the two men had different styles and personalities. Some of the insights found in the article […]

Showing Class/Martin Rosenfeld, JD

August 16, 2020

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This tweet was sent out by VP Joseph Biden upon learning the of the death of Robert Trump: “Mr. President, Jill and I are sad to learn of your younger brother Robert’s passing. I know the tremendous pain of losing a loved one — and I know how important family is in moments like these. […]

Mediation and Non-Monetary Factors/Martin Rosenfeld, JD

August 15, 2020

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More/Less money is not always the key to a resolution of disputes. A party e.g. in a labor dispute may not be as interested in money as they are in other factors. What might these incentives be? The following list is a sampling of possible non-monetary aids in resolving a labor dispute: 1. A written […]

One Final Thought From Rep. John Lewis

July 26, 2020

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“Release the need to hate, to harbor division, and the enticement of revenge. Release all bitterness. Hold only love, only peace in your heart, knowing that the battle of good to overcome evil is already won. Choose confrontation wisely, but when it is your time don’t be afraid to stand up, speak up, and speak […]

The Power We Have/Martin Rosenfeld, JD

July 19, 2020

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Historian Douglas Brinkley on the life of the late Rep. John Lewis: “He believed in the power of love, not the power of hate.” For those brave enough to try to mediate disputes with their “opponents”, they may be so fortunate so as to internalize this truism; the nullity of the power of hate. Mediate […]

Congressman John Lewis: RIP/Martin Rosenfeld, JD

July 18, 2020

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Congressman John Lewis lived a life dedicated to liberty and justice. His mentor in his life was the late Rev. Martin Luther King, Jr. The following thought, is both aspirational and helpful to those who need dispute resolution. More importantly, these words were declared by someone who “cheated death” on more than one occasion, in […]

What You Can Control/Martin Rosenfeld, JD

July 12, 2020

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It is often said by those in the mental health field that we can be far healthier once we realize that we can’t control external events. We can only control how we react to them. A recent article was written for mediate.com by mediator and author, Cinnie Noble. The July article begins by citing the […]

Parenting Post-Divorce/Martin Rosenfeld, JD

July 5, 2020

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I just came across a blogsite which is authored by Pastor Thom Dick, who serves as Assistant Pastor at the Canadian Southland Church. In an article found here, the Pastor discusses how parenting can work even after divorce.: https://www.mysteinbach.ca/blogs/9555/three-keys-to-successfully-co-parent-after-divorce/ There are three rules to consider in post-divorce parenting. They are as follows: 1. Assume that […]