Browsing All Posts filed under »Listening and mediation«

Mediation in the Open Spaces/Martin Rosenfeld,JD

February 2, 2018


I chanced upon a short video on Youtube dealing with how a park in Germany has become safer due to attempts to use mediation to create a positive environment. The guiding principle of the mediation program is “Conversation; not Confrontation”. The video is brief but shows the multi-faceted reach of mediation principles and their application. […]

Constructive Conversation/Martin Rosenfeld, JD

December 23, 2017


A recent article appeared at by Judy Ringer. The title of the article is straightforward: “We Have to Talk: A Step-by-Step Checklist for Difficult Discussions.” All discussions where this undergird a non-agreement are difficult ones. In the discussion that is sub-titled “Inquiry”, several trenchant points are made. 1. Maintain curiosity The late radio psychologist […]

Having Better Conversations/Martin Rosenfeld, JD

December 2, 2017


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


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


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


(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


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 […]