Browsing All Posts filed under »Mediation«

Mediation Civility/Martin Rosenfeld, JD

September 8, 2018

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A post appeared on mediate.com in August 2018 on sample Mediation Ground Rules. It was written by James Melamed, and it contained 12 rules to ensure an orderly and successful mediation process. I will “cherry pick” 4 of the Melamed “rules” and add a fifth of my own. These rules are basic, civil, and quite […]

A Hero Dies/Martin Rosenfeld, JD

August 26, 2018

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This weekend saw the death of one of the true heroes we have left in America. The name of the gentleman was Senator John McCain. In a tweet, Peter Baker of the NYT summed up the Senator’s life by saying that he was not remarkable because he was a perfect person. He was remarkable because […]

Truth IS Truth/Martin Rosenfeld, JD

August 22, 2018

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The title of this post was first used this week, as far as one can determine, by commentator Eugene Robinson. It is a reply to the foolish pronouncement of a Trump attorney who bellowed that “Truth is NOT Truth”. An underlying foundation of mediation process is that truth must prevail. A party must be truthful […]

Two Parties, Two Sides/ Martin Rosenfeld, JD

August 13, 2018

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In a post dated August 12, 2018, Professor Max H. Bazerman, of the Harvard Business School, discussed negotiation theory. What is it that many people in a negotiation forget to note? “Many people neglect to think about the other side’s point of view.” Think …”about the world from the other side’s perspective.” Each party believes […]

The Options We All Have/Martin Rosenfeld, JD

August 11, 2018

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Two asylum seekers on August 9, 2018 had been deported to El Salvador. When DC District Judge Emmet Sullivan learned of this plan, he expressed great displeasure with the fact that people fighting for their rights to stay in America were deported before a Court ruled on their request. The government decision of deportation had […]

Duluth,MN/Martin Rosenfeld, JD

August 4, 2018

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On July 30, 2018, Gerald F. Seib wrote an article for the WSJ on how leaders of the Duluth community had decided to temper the nasty tone of some local political discussions. Nastiness often prevailed when political issues became hotly contested. The leaders developed a nine-point program called “Speak Your Peace: The Civility Project”. As […]

Fake News/Martin Rosenfeld, JD

July 26, 2018

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On July 25, 2018, the Chicago Sun-Times Editorial Board wrote about why “fake news” is real. It added the following: “This willingness to believe any old nonsense, if repeated often enough, is called the ‘illusory truth effect,’ wrote Lisa Fazio, an assistant professor at Vanderbilt University who led a study three years ago into the […]