Browsing All Posts filed under »Listening and mediation«

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 […]

The President as Negotiator/Martin Rosenfeld, JD

April 29, 2017

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One of the talents of President Trump was billed as his talent as a negotiator. Unfortunately, real estate and world politics share far less in common than we had imagined. Some of the failings of the new President center about the following character traits: You cannot promise to do something and then not do it. […]

Taking A Break/Martin Rosenfeld, JD

March 2, 2017

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There will be times in a mediation session where it is wise to take a break, for the day or for a long period of time. The latter advice was recently posted by the Department of Justice in New Zealand: “If you haven’t reached agreement at the end of your Family Dispute Resolution Sessions…it may […]

Trust Your Gut/Martin Rosenfeld, JD

February 19, 2017

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Deborah E. Lipstadt is an historian who has written much about the fact that there are still Holocaust deniers who disseminate their contorted views on the Holocaust period. In a recent article found at Esquire.Com, Jerad W. Alexander wrote a piece after interviewing Professor Lipstadt, entitled “A Holocaust Historian Explains Why People Believe Trump’s Lies”. […]