Browsing All Posts filed under »Mediation«

The Tool of Silence/Martin Rosenfeld,JD

April 7, 2019

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Phyllis Polack, a prolific writer on mediation, recently penned “Silence is Golden” at https://www.mediate.com/articles/pollack-silence-golden.cfm. The gist of this piece is that effective mediation requires the gift of listening. However, at times, a mediator may choose to resort to the use of silence. Pausing in silence, can be a powerful tool. As an example, think of […]

How to Criticize and Be Heard/Martin Rosenfeld, JD

March 31, 2019

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An article appeared on March 22,2019, on the website for the periodical “Fast Company”. It is entitled “Why the ‘Velvet Hammer’ is a Better Way to Give Constructive Criticism”. The gist of the article is that there is indeed a proper way to deliver “bad news” to a party. The following explanation speaks for itself: […]

Staying Calm/Martin Rosenfeld, JD

March 31, 2019

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A few days ago, the 9 Republicans on the House Intelligence Committee chaired by Rep. Adam Schiff, called for him to resign his position on the Committee in response to the Mueller report. A brief view of the Schiff response may be found at youtube.com (https://www.youtube.com/watch?v=J6fKbEqurZA). The notable quality of the Schiff response is how […]

Your Legacy/Martin Rosenfeld, J.D.

March 10, 2019

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Whenever a US President reaches a second term, the article du jour seems to center about what that person’s legacy will be. How should this person be remembered? What will history think of them? The concept of legacy has surprising nexus to dealing with stressful disputes and negotiations. How it might work will be illustrated […]

Negotiation and Chaos/Martin Rosenfeld, JD

February 13, 2019

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The negotiation on the Wall was, at its worst, chaotic. Government shutdowns, twitter storms, aborted meetings,etc surely point to a lack of order or purpose. Is chaos a sure sign of a failed negotiation? The answer may be “No”. In 2014, Professor Michael Wheeler of Harvard Business School,wrote a book entitled: “The Art of Negotiation: […]

Ohio As a Mediation Pioneer/Martin Rosenfeld,JD

February 11, 2019

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A unique Court program is described at https://sc.courtinnovations.com/OHFCMC. Potential litigants in Columbus, Ohio are welcomed to a no-cost program that will guide them through a process that may lead to a resolution. The site offers the parties short videos describing mediation, and a “negotiation space”. This space is an “online space to negotiate a satisfactory […]

A Simple Clause/Martin Rosenfeld, JD

February 11, 2019

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I had a Professor for an Education class who pointed out that teachers should not shy away from personal discussions. Specifically, she urged the students, once in a classroom, to discuss why they chose to be teachers. It is only natural that a teacher of the young explain why they wish to teach the young. […]