Browsing All Posts filed under »Dispute Resolution«

Mediation in Simple Terms/Martin Rosenfeld, JD

November 3, 2019

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The successful author, Jane Green explained why mediation made sense for her in her divorce action in a brief 50 words: “I am divorced, and one of the things I am tremendously grateful for is that my ex-husband and I made a decision to go through mediation. I knew a trial would drag on for […]

Keeping Friends Close/Martin Rosenfeld, JD

October 29, 2019

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Long ago, the Chinese strategist Sun Tzu gave the following advice: “Keep your friends close and your enemies closer.” The decision to no longer treat the Syrian Kurds as allies was a decision that few have supported. The work in defeating Isis was largely done by the valiant effort of Kurdish soldiers. Stangely, despite being […]

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 […]

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 […]

Listening/Martin Rosenfeld, JD

August 18, 2019

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A good mediator must be a good listener. What happens when one feels s/he is being heard? William Ury, mediator guru, sums it all up in one sentence: “When you listen to someone, it’s the most profound act of respect.” Many complain in life that they are not “being heard”. It is often no wonder; […]