Browsing All Posts filed under »Listening and mediation«

A Prime Minister Speaks on ADR/Martin Rosenfeld, JD

June 28, 2020

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An article penned by the Harvard Program on Negotiation (found at https://www.pon.harvard.edu/daily/international-negotiation-daily/international-negotiations-and-conflict-tony-blairs-10-principles-for-dispute-resolution-negotiations/) discusses the negotiation style of former UK Prime Minister Tony Blair. Of particular note is the following idea: “Because the two sides in a lingering dispute have difficulty seeing each other’s pain, conflict resolution is best viewed as a journey rather than an […]

Know When to Listen/Martin Rosenfeld,JD

June 14, 2020

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A good mediator listens more than he talks. A good party to a dispute knows both how to talk and how to listen. The conversation in a mediation is a prelude to successful resolution of the dispute at hand. On June 13, 2020, Maureen Dowd wrote an op-ed about listening and talking, entitled “An Anti-Trump […]

Bias or Something Else?/Martin Rosenfeld, JD

May 28, 2020

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A few days ago, Amy Cooper was walking her dog in Central Park. An African-American gentleman told her that her dog was not leashed. Ms. Cooper reacted to this comment by calling NYC police and falsely claiming she had been threatened by the man. Ultimately, the story went viral and Ms. Cooper lost her job […]

Because I Can/Martin Rosenfeld, JD

May 28, 2020

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Why would President Trump not wear a mask in public despite medical advice that this be done? Why would he tweet a conspiracy theory about Joe Scarborough killing an aide 19 years ago? The polls indicate that neither action is looked upon favorably. But sometimes we just do things because we can. Because we are […]

Einstein & Win-Win/Martin Rosenfeld, JD

March 28, 2020

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The successful author, Stephen Covey, wrote a book that illustrates the principle of Win-Win. The title of the work is “The 3rd Alternative: Solving Life’s Most Difficult Problems”. The advice found in that work is simple: “Win-Win is a belief in the Third Alternative. It’s not your way or my way, it’s a better way.” […]

Dean Rusk on Persuasion/Martin Rosenfeld, JD

March 1, 2020

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Want a great quote about the power of mediation? Try this one by the 1960’s Secretary of State, Dean Rusk: “One of the best ways to persuade others is with your ears — by listening to them.” The art of listening in a mediation begins with the mediator. However, the skilled mediator needs to model […]

Effective Mediating/Martin Rosenfeld, JD

March 1, 2020

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Dan Simon, a mediator who both practices and teaches, wrote for mediate.com in February 2020 on the concept of parenting by “looking away”. Sometimes a parent has to simply count on the ability of their children to make wise and constructive decisions on their own. Mr. Simon has a wonderful, if not laconic, sentence about […]

Listening is a Lost Art/Martin Rosenfeld, JD

December 14, 2019

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Dean Rusk, the late Secretary of State for two administrations, once said the following: “One of the best ways of persuading others is to listen to them.” One of the cardinal teachings of Dale Carnegie is that people want to know they are being heard. Strong leaders use their ability to listen to accomplish a […]

Rep. Jim Jordan’s Jacket/Martin Rosenfeld, JD

November 15, 2019

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The pugilistic US Representative (R-Ohio) does not wear a jacket to public hearings. When asked if he ever wears a jacket, he said that when he needs to show respect (e.g. a visit to meet President Trump) he does wear one. By implication, this means that being invited to attend the Impeachment Hearing is not […]

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? […]