Browsing All Posts filed under »commercial disputes«

Collaboration/Martin Rosenfeld, JD

October 7, 2019

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In the September 19, 2019 edition of the WSJ, Joann Lublin wrote about “To Get Ahead, Rivals Get Along”. The finding of the article is that employers prefer to elevate collaborative executives. Collaborative behavior is sought out because it demonstrates effective leadership. Politics, we are told, has become a tribal affair. There is an element […]

Rules of Mediation?/Martin Rosenfeld, JD

September 28, 2019

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Dan Simon wrote a post on mediation for mediate.com (September 2019) entitled “Mediation Approaches: We Don’t Have Science, So Let’s Have principles”. Apparently, Mr. Simon does not see a reason for many ground rules in mediation sessions such as “Listen to each other” or “Don’t interrupt”. Why tell the parties how to conduct their session? […]

Truth. What’s That?

September 18, 2019

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The following discussion took place between an attorney for the Democrats Impeachment Hearings and one Corey Lewandowski: BERKE: Do you hear that, sir? That was you saying, on MSNBC, you don’t ever remember the president ever asking you to get involved with Jeff Sessions or the Department of Justice in any way, shape or form. […]

Wise President Abe/Martin Rosenfeld, JD

September 5, 2019

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The online version of The Atlantic magazine (October 2019)has a good read on General James Mattis, entitled “The Man Who Couldn’t Take it Anymore” by Jeffrey Goldberg. The follow snippet is insightful to all who practice mediation. “‘ General Mattis quotes President Lincoln’s famous phrase “With malice toward none, with charity for all”. The General […]

Fake Weather?/Martin Rosenfeld, JD

September 5, 2019

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By now most everyone knows about Pres. Trump warning that Hurricane Dorian was heading towards Alabama. The only problem was that it wasn’t doing that. The president then produced an altered weather map to prove his “point”. On this miscue, Chris Cillizza of cnn.com posted (September 5, 2019) “Donald Trump’s Alabama Obsession Reveals a Very […]

A QuoteThat Says it All/Martin Rosenfeld, JD

August 27, 2019

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I just saw this quote: “When you’re at the edge of a cliff, sometimes progress is a step backwards.” — Anonymous This truism defines life with all its complexity. Sometimes, taking a step backwards is progress. In mediation, too, unless you are Wiley Coyote, don’t go over the cliff. Learn when it is time to […]

Under Attack/Martin Rosenfeld, JD

August 18, 2019

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There is an expression that in war the first casualty is truth. Nations often black out the news, distort the news, censor the news, etc so as to heighten the chances for victory. William Ury, mediator and author, has another take on a more benign attack. When a person is personally attacked, Ury maintains, s/he […]