Browsing All Posts filed under »Listening and mediation«

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? […]

Trump 2.0/MartinRosenfeld, JD

June 22, 2019

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Supporters of President Trump are not all unaware of his perceived deficits among many Americans. How then can he get re-elected? The new hope seems to be that the negatives will be considered less important than the positive successes he has already attained. This post is not about political prognostication.However,there is something attractive about the […]

The War on Truth/Martin Rosenfeld, JD

May 10, 2019

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Erick Erickson is a political columnist and editor of TheResurgent.com. Although his views are decidedly conservative, at times he seems to take aim at his own support group. The result often makes for engaging commentary. On May 10, 2019, Mr. Erickson wrote a commentary on recent controversies that trouble all moral individuals. The comments are […]

Straight Talk/Martin Rosenfeld, JD

January 1, 2019

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Senator Richard Shelby (R-ALA) was interviewed over the Holiday weekend concerning the need to deal with the Democrats, over budgetary matters, once the Democrats become the House majority party. This is what he said on “Face the Nation”: ““We’re gonna have to negotiate. I think that we ought to see what do the Democrats really […]

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 […]

Two Parties, Two Sides/ Martin Rosenfeld, JD

August 13, 2018

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In a post dated August 12, 2018, Professor Max H. Bazerman, of the Harvard Business School, discussed negotiation theory. What is it that many people in a negotiation forget to note? “Many people neglect to think about the other side’s point of view.” Think …”about the world from the other side’s perspective.” Each party believes […]

The Trump Formula/Martin Rosenfeld, JD

April 8, 2018

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Julian Zelizer, writing recently for cnn.com described how President Trump deals with many of his favorite issues. He dehumanizes his “opponent”; he generates fear; and he then describes the action he proposes to take. (Think e.g. immigation issue.)This script leaves behind a legacy of mistrust and division. Does it sound familiar? In contested matters such […]