Browsing All Posts filed under »Listening and mediation«

Having Better Conversations/Martin Rosenfeld, JD

December 2, 2017

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Celeste Headlee has written on “10 Ways to a Better Conversation”. This advice will aid in mediations, negotiations, and all conversations. Among her suggestions are the following: If you expect no response or disagreement, settle for writing a blog. Conversations of all types invite responses. Do not pontificate. Don’t assume your experience is the same […]

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 […]

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 […]

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 […]

What Did You Say?/Martin Rosenfeld, JD

July 16, 2017

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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 […]

What is Worse Than Lying?/Martin Rosenfeld, JD

June 10, 2017

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Matthew Yglesias wrote an interesting piece (well-worth the read) on truth-telling at¬†https://www.vox.com/policy-and-politics/2017/5/30/15631710/trump-bullshit. His premise is that lying is when a person tries to convince his audience of the veracity of a false statement. BS’ing is the term he applies to President Trump, as Trumpian statements tend to be diversions, non-sequiturs, or impertinent statements. The bottom […]

Kenneth Feinberg,Esq./Martin Rosenfeld, JD

April 30, 2017

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The amazing work of attorney/mediator ,¬†Kenneth Feinberg, was recently highlighted in INC. magazine. Mr. Feinberg has settled claims in such tragedies as the 9/11 lawsuits, Agent Orange litigation, and Boston Marathon bombings. As a mediator, Mr. Feinberg has developed strategies to close out litigious matters through wise use of mediation theory. What can Mr. Feinberg […]