Browsing All Posts filed under »commercial disputes«

Mediation Quote

September 30, 2017

0

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. Advertisements

Mediation in Alabama/Martin Rosenfeld, JD

September 1, 2017

0

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 […]

Mediating Contract Disputes/Martin Rosenfeld, JD

August 18, 2017

0

Some points about mediating contract disagreements were penned recently at mediation.com by Mediator David Allgeyer, Esq. Some of the insights are outlined below: * There is so much time and money invested in the litigation. Often there is no clear-cut winner but two losers. *After litigation, the relationship between the parties is likely to be, […]

That Which is Possible/Martin Rosenfeld, JD

August 5, 2017

0

The New York Times, in a recent editorial, wrote this about the Trump Presidency: “… (P)olitics is not “The Art of the Deal,” but the art of the possible.” There is often not only one definitive solution to a particular problem. The parties themselves need to search for a solution which is consistent with their needs […]

Doing the Right thing/Martin Rosenfeld, JD

July 29, 2017

0

The historic vote on the repeal of the Obamacare Program fell short by one vote. That vote is attributed to the surprise negative vote of Senator John McCain. Why did he decide to cast a negative vote? He explained that “It was the right thing to do.” There are times in life where our internal […]

What Did You Say?/Martin Rosenfeld, JD

July 16, 2017

0

There are times where we find a need to respond to a “vicious hit”. It may be in our role as mediator or in a role as one negotiating in a mediation session. How does one deal with abrasive comments? There is no easy answer, but it is done with patience, wisdom and a positive […]

Jumping on a Log/Martin Rosenfeld,JD

July 16, 2017

0

I saw the following quote in an article on business practice: “Just because you see a log floating in the water, does not mean you have to jump on it.” In business, this likely means there is no obligation to follow every lead towards an investment, sale, etc. In a negotiation or mediation, it may […]