Browsing All Posts filed under »Divorce Mediation«

How Many Options Do We Need?/Martin Rosenfeld, JD

January 19, 2018


Professor Max Bazerman of Harvard Business School poses this question: “Did you ever see a house for sale and decide right then and there that you need to bid on it? You have fallen head over heels for this house. It is then likely that you will not be in a strong bargaining position. You […]

Divorce and the New Year/Martin Rosenfeld, JD

December 16, 2017


It is maintained that internet searches for the word “divorce” go up dramatically in the month of December. Why is it true that divorces are more prevalent in January than at other times? Some of the explanations include the following: *The initiating party for divorce wanted one last stress-free Holiday season with the family. *Financial […]

Back to the Future/Martin Rosenfeld, JD

December 11, 2017


A conflict currently exists. The mediator has been chosen. Is there a way to fix the past? The answer to that is obviously in the negative. However, the existence of the conflict represents a challenge as well. What can the parties do to avoid a repeat of the past mistakes? There is always the possibility […]

Focusing on the Positive/Martin Rosenfeld, JD

October 8, 2017


Tevi Troy, a former HHS official, wrote an article for the WSL entitled “”In Hurricane Relief, 2 out of 3 Ain’t Good”. Mr. Troy discusses how it only takes one failure, such as Katrina, to mark a president’s tenure as unsuccessful. “(Y)ou can do a great job with weather disasters for four years, but the […]

Two Wise Men/Martin Rosenfeld,JD

September 10, 2017


James Baker, a Republican, and Andrew Young, a Democrat, together wrote an article for the Wall Street Journal on the issue of identity politics and how it has divided Americans.  This section stands out prominently for what it tells us about disputer resolution principles: “Both of us have been at the center of heated disputes […]

That Which is Possible/Martin Rosenfeld, JD

August 5, 2017


The New York Times, in a recent editorial, wrote this about the Trump Presidency: “… (P)olitics is not “The Art of the Deal,” but the art of the possible.” There is often not only one definitive solution to a particular problem. The parties themselves need to search for a solution which is consistent with their needs […]

What Did You Say?/Martin Rosenfeld, JD

July 16, 2017


There are times where we find a need to respond to a “vicious hit”. It may be in our role as mediator or in a role as one negotiating in a mediation session. How does one deal with abrasive comments? There is no easy answer, but it is done with patience, wisdom and a positive […]