Browsing All Posts filed under »Dispute Resolution«

Anger and Conflict/Martin Rosenfeld, JD

November 18, 2017

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I just came across and old post by Lee Jay Berman on mediate.com. It is entitled “13 Tools for Resolving Conflict in the Workplace, with Customers and in Life”. It is a well-written overview on conflict and its solutions. Some points Mr. Berman makes about anger are of great consequence to mediation sessions. The anger […]

Dignified Mediations/Martin Rosenfeld, JD

October 29, 2017

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How can one create dignity in a mediation or negotiation? It is not as hard as one might think. Parties appreciate being treated seriously and with a modicum of respect. Some strategies for conveying respect for an opponent include the following: *Listen to another party without interruptions and with rapt attention. *Have a real curiosity […]

Mediating a Relocation Dispute/Martin Rosenfeld, JD

October 29, 2017

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Not all disputes can be resolved by trying to find a middle ground. What can a mediator do when the custodial parent announced her/his intention to take the child to another state for economic, psychological. person reasons, etc? This situation calls for the parent such a plan to show great sensitivity to the other parent. […]

A Lesson From General Kelly

October 21, 2017

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In light of the charges from Rep. Frederica Wilson that President Trump mishandled the condolence call to Ms. Myeshia Johnson about her Soldier-Husband’s death, General John Kelly held a press conference. He spoke in his White House position as Chief of Staff. His comments wandered into a critique of the Representative and make several misstatements […]

The Limits of Arbitration/Martin Rosenfeld, JD

October 8, 2017

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One of the tools found in ADR (Alternate Dispute Resolution) is that of arbitration. A dispute that is arbitrated is decided by a panel of experts, who are often part of an organizational structure. In effect, arbitration is a less costly form of going to Court. The decision is reached in a quicker manner than […]

Mediation Quote

September 30, 2017

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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.

On-Line Mediation/Martin Rosenfeld, JD

September 10, 2017

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(The following information comes from an article entitled “Why We Need Fewer Lawyers” by Professor Jonathan H. Adler, at WSJ/9/7/17)).PayPal and eBay currently utilize computer-assisted mediation. The companies employ systems that can identify areas of agreement between vendors and purchasers and they then propose potential solutions. Approximately 90% of assigned disputes are able to reach […]