Browsing All Posts filed under »commercial disputes«

Einstein & Win-Win/Martin Rosenfeld, JD

March 28, 2020

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The successful author, Stephen Covey, wrote a book that illustrates the principle of Win-Win. The title of the work is “The 3rd Alternative: Solving Life’s Most Difficult Problems”. The advice found in that work is simple: “Win-Win is a belief in the Third Alternative. It’s not your way or my way, it’s a better way.” […]

When Courts Are Closed/Martin Rosenfeld, JD

March 28, 2020

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Many states have closed their Court systems for cases that are not of an emergency-matter. While this creates difficulties for many parties, the viable option of mediation is still very much a reasonable go-to process. Mediations can be done on-line, by phone, or in person, if proper health precautions are observed. Going to court to […]

Perspective/Martin Rosenfeld, JD

March 27, 2020

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The number of health professional stricken by the virus is way too high. Yet, many professionals have stated that although they recognize the potential danger to their health, they will keep on doing what they are trained to do. Dedication and selflessness. Need a mediator because you can’t agree on work issues, divorce issues, family […]

Collaborative Behavior/Martin Rosenfeld, JD

March 2, 2020

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I was in a classroom the other day, and I saw notes on the whiteboard about acting collaboratively. The first sentence read as follows: “Focus on the situation, issue or behavior, not the person.” A negotiation can get bogged down when people let their feelings for the other party dominate their thinking. In a collaborative […]

Dean Rusk on Persuasion/Martin Rosenfeld, JD

March 1, 2020

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Want a great quote about the power of mediation? Try this one by the 1960’s Secretary of State, Dean Rusk: “One of the best ways to persuade others is with your ears — by listening to them.” The art of listening in a mediation begins with the mediator. However, the skilled mediator needs to model […]

Effective Mediating/Martin Rosenfeld, JD

March 1, 2020

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Dan Simon, a mediator who both practices and teaches, wrote for mediate.com in February 2020 on the concept of parenting by “looking away”. Sometimes a parent has to simply count on the ability of their children to make wise and constructive decisions on their own. Mr. Simon has a wonderful, if not laconic, sentence about […]

The Attorney Role in Mediations/Martin Rosenfeld, JD

February 16, 2020

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Attorney Tye Bourdony penned an article for the February 2020 issue of mediate.com. (“Do I Need to Have a Divorce/Family Attorney Before Beginning My Divorce”). In the article, Mr. Bourdony describes two types of divorcing couples; those who are “at war” and those who can work towards an amicable divorce agreement. He then suggests that […]