Browsing All Posts filed under »Mediation«

Back to the Future/Martin Rosenfeld, JD

December 11, 2017

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A conflict currently exists. The mediator has been chosen. Is there a way to fix the past? The answer to that is obviously in the negative. However, the existence of the conflict represents a challenge as well. What can the parties do to avoid a repeat of the past mistakes? There is always the possibility […]

Is Arbitration the Answer?/Martin Rosenfeld, JD

November 25, 2017

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The Time Magazine issue dated December 4, 2017 has a major piece on arbitration clauses in nursing home disputes. The analysis, written by Haley Sweetland Edwards, makes several interesting points that are not generally known. Arbitration costs are not always less costly than litigation costs. In some arbitration clauses, there is a stipulation concerning which […]

Anger and Conflict/Martin Rosenfeld, JD

November 18, 2017

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I just came across and old post by Lee Jay Berman on mediate.com. It is entitled “13 Tools for Resolving Conflict in the Workplace, with Customers and in Life”. It is a well-written overview on conflict and its solutions. Some points Mr. Berman makes about anger are of great consequence to mediation sessions. The anger […]

Negotiating in Anger?/Martin Rosenfeld, JD

November 11, 2017

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Elizabeth Bernstein, of the WSJ, penned an article entitled “To Win a Negotiation? Get Mad”. The article analyzes how the role of anger plays a role in the success or failure of a negotiation. Professor Maurice Schweitzer of the Wharton School suggests that the best time to get mad, if one perceives that something unjust […]

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 […]

Focusing on the Positive/Martin Rosenfeld, JD

October 8, 2017

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Tevi Troy, a former HHS official, wrote an article for the WSL entitled “”In Hurricane Relief, 2 out of 3 Ain’t Good”. Mr. Troy discusses how it only takes one failure, such as Katrina, to mark a president’s tenure as unsuccessful. “(Y)ou can do a great job with weather disasters for four years, but the […]

The Limits of Arbitration/Martin Rosenfeld, JD

October 8, 2017

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One of the tools found in ADR (Alternate Dispute Resolution) is that of arbitration. A dispute that is arbitrated is decided by a panel of experts, who are often part of an organizational structure. In effect, arbitration is a less costly form of going to Court. The decision is reached in a quicker manner than […]