Browsing All Posts filed under »commercial disputes«

What is a Negotiation?/Martin Rosenfeld, JD

January 18, 2019

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A recent article appeared at HuffingonPost.com (1/16/19)entitled “How Bad is Trump at Making Deals? Even Worse Than you Think”. The author, Emily Peck, wrote about an upcoming issue of PON Quarterly, the Harvard journal that discusses negotiation. Ms. Peck points out that the irony of Mr. Trump’s “The Art of the Deal” is that Mr. […]

What Makes a Negotiation?/Martin Rosenfeld,JD

January 10, 2019

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After President Trump left the table with the Democrats regarding the Federal shutdown, Vice-President Pence gave his analysis; President Trump asked the Democratic leaders what they wanted to pay for the Wall. They would not offer any pay, so the president left, because it was obvious that the Democrats did not want to negotiate. Was […]

Straight Talk/Martin Rosenfeld, JD

January 1, 2019

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Senator Richard Shelby (R-ALA) was interviewed over the Holiday weekend concerning the need to deal with the Democrats, over budgetary matters, once the Democrats become the House majority party. This is what he said on “Face the Nation”: ““We’re gonna have to negotiate. I think that we ought to see what do the Democrats really […]

Mediation and the Impasse/Martin Rosenfeld, JD

December 29, 2018

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What can a mediator do when the parties seem to have reached an impasse in their discussions? Some options may include the following: *Remind the parties, if they have children, how a non-agreement may place a disproportionate burden on their children. Parties may be happy to attempt to pulverize each other, but how many parents […]

The Passage of Time/Martin Rosenfeld, JD

December 16, 2018

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It has been said that journalism is “history in a hurry”. Events unfold and professionals report it and try to put it in a proper context. Ultimately, facts get sorted out more precisely and a true picture emerges as to the significance of an event. I have heard historian Jon Meacham suggesting that a period […]

Points of Light/Martin Rosenfeld, JD

December 9, 2018

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Jon Meacham, historian, and biographer of President George H. W. Bush, had this to say at the memorial service for the late President, last week: “Abraham Lincoln’s ‘better angels of our nature’ and George H.W. Bush’s ‘thousand points of light’ are companion verses in America’s national hymn, for Lincoln and Bush both called on us […]

Is Money Everything?/Martin Rosenfeld, JD

November 27, 2018

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The Reader’s Digest recently had this “quotable quote” from Divorce Lawyer Laura Wasser: “Money doesn’t buy happiness, but it provides more comfortable despair.” In a divorce negotiation, or any other scenario for that matter, does more money mean a better result for a client? My answer is “maybe”. Where a person needs support to maintain […]