Browsing All Posts filed under »Dispute Resolution«

Empathy/Martin Rosenfeld, JD

October 14, 2018

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Ever have a bad day? We all have such days. How about a bad week? That too is familiar to many of us. How about a difficult few months? That is what happens to people who are in a crisis-mode. The reason for this bad stretch might be personal problems, medical issues, financial setbacks, etc. […]

Grievance V. Gratitude/Martin Rosenfeld, JD

October 14, 2018

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Which political party was given a boost by the appointment of Justice Kavanaugh to the Supreme Court? Was it the Republican Party, which got to see the appointment of someone who espouses their strong conservative views? Or was the Democratic Party energized by the need to stand up for their principles which may have been […]

Email Won’t Replace Conversation/Martin Rosenfeld, JD

September 26, 2018

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The Program on Negotiation (PON) of Harvard University, published an article (September 20, 2018) entitled “The Pitfalls of Negotiating Over Email”. We probably know intuitively that Email is not a perfect communication vehicle. The post discusses some of its weaknesses. It is difficult to read a statement on paper, and determine if the writer is […]

Lawsuits and Mediation/Martin Rosenfeld, JD

September 26, 2018

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The mantra often found in these pages is “Mediate Don’t Litigate”. But aren’t there times where a lawsuit is necessary and even a positive step. Undoubtedly this is true. But perhaps President Lincoln, a former trial lawyer, said it best “A good settlement is better than a good lawsuit.” And again, mediate don’t litigate.

The Many Faces Of …/Martin Rosenfeld, JD

September 26, 2018

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In the September 25, 2018 New York Times, Frank Bruni wrote about “The Many Faces of Brett Kavanaugh”. Was he a gentleman as some say, or a drunken predator, as others charge? Mr. Bruni’s tentative answer is that might it not be possible that he was both, but at different times or in different situations? […]

Mediation Civility/Martin Rosenfeld, JD

September 8, 2018

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A post appeared on mediate.com in August 2018 on sample Mediation Ground Rules. It was written by James Melamed, and it contained 12 rules to ensure an orderly and successful mediation process. I will “cherry pick” 4 of the Melamed “rules” and add a fifth of my own. These rules are basic, civil, and quite […]

A Hero Dies/Martin Rosenfeld, JD

August 26, 2018

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This weekend saw the death of one of the true heroes we have left in America. The name of the gentleman was Senator John McCain. In a tweet, Peter Baker of the NYT summed up the Senator’s life by saying that he was not remarkable because he was a perfect person. He was remarkable because […]