Browsing All Posts filed under »Dispute Resolution«

Mediating Sports Disputes/Martin Rosenfeld, JD

April 28, 2019

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The Supreme Court has dealt with three cases centering around arbitration clauses, during this term. Management often favors arbitration clauses as it is seen as delivering a quick and more predictable result than other means that are available. In arbitration,one or more third-party arbitrators issue a ruling that is usually binding. Often, in sports disputes, […]

Saying Farewell/Martin Rosenfeld, JD

April 28, 2019

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Chip Cutter wrote an article for the WSJ (April 11,2019) entitled “Bosses Seek a Kinder Way to Fire People”. Suzanne Gleason, a Director of Staffing for Global Employment Solutions, suggested that empathy is a key component of the termination process. “Help keep the integrity of the person intact.” Compassion for departing employees is of great […]

The Tool of Silence/Martin Rosenfeld,JD

April 7, 2019

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Phyllis Polack, a prolific writer on mediation, recently penned “Silence is Golden” at https://www.mediate.com/articles/pollack-silence-golden.cfm. The gist of this piece is that effective mediation requires the gift of listening. However, at times, a mediator may choose to resort to the use of silence. Pausing in silence, can be a powerful tool. As an example, think of […]

How to Criticize and Be Heard/Martin Rosenfeld, JD

March 31, 2019

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An article appeared on March 22,2019, on the website for the periodical “Fast Company”. It is entitled “Why the ‘Velvet Hammer’ is a Better Way to Give Constructive Criticism”. The gist of the article is that there is indeed a proper way to deliver “bad news” to a party. The following explanation speaks for itself: […]

Staying Calm/Martin Rosenfeld, JD

March 31, 2019

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A few days ago, the 9 Republicans on the House Intelligence Committee chaired by Rep. Adam Schiff, called for him to resign his position on the Committee in response to the Mueller report. A brief view of the Schiff response may be found at youtube.com (https://www.youtube.com/watch?v=J6fKbEqurZA). The notable quality of the Schiff response is how […]

Post Nuptial Agreements/Martin Rosenfeld, JD

March 3, 2019

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Much has been written about prenuptial agreements. They work best when there is a second marriage and/or when the parties wish to retain their own valuable holdings. However, these agreements have their critics as well. They bring an element of business negotiations into the love-based relationship we know as marriage. They potentially can cast a […]

Ohio As a Mediation Pioneer/Martin Rosenfeld,JD

February 11, 2019

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A unique Court program is described at https://sc.courtinnovations.com/OHFCMC. Potential litigants in Columbus, Ohio are welcomed to a no-cost program that will guide them through a process that may lead to a resolution. The site offers the parties short videos describing mediation, and a “negotiation space”. This space is an “online space to negotiate a satisfactory […]