Browsing All Posts filed under »Mediation«

Trump as Negotiator/Martin Rosenfeld, JD

August 11, 2017

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An article recently appeared at Huffington Post regarding the negotiating style of President Trump. Examples are cited from recent tapes of phone discussion between the President and heads of State in Mexico and Australia. This is the opinion of one expert in the field: “John Oesch, an associate professor at the Rotman School of Management […]

That Which is Possible/Martin Rosenfeld, JD

August 5, 2017

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The New York Times, in a recent editorial, wrote this about the Trump Presidency: “… (P)olitics is not “The Art of the Deal,” but the art of the possible.” There is often not only one definitive solution to a particular problem. The parties themselves need to search for a solution which is consistent with their needs […]

Doing the Right thing/Martin Rosenfeld, JD

July 29, 2017

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The historic vote on the repeal of the Obamacare Program fell short by one vote. That vote is attributed to the surprise negative vote of Senator John McCain. Why did he decide to cast a negative vote? He explained that “It was the right thing to do.” There are times in life where our internal […]

What Did You Say?/Martin Rosenfeld, JD

July 16, 2017

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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 […]

Jumping on a Log/Martin Rosenfeld,JD

July 16, 2017

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I saw the following quote in an article on business practice: “Just because you see a log floating in the water, does not mean you have to jump on it.” In business, this likely means there is no obligation to follow every lead towards an investment, sale, etc. In a negotiation or mediation, it may […]

The Little Things/Martin Rosenfeld, JD

July 2, 2017

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A California realtor was interviewed in the Wall Street Journal. His name is Sean Stanfield. He stated that he never relies on lockboxes to allow entry for the prospective buyer. “We always have a member present…It is the little things…that make the biggest difference.” What can make a difference in a mediation? It is hard […]

Safeguarding Wisdom/Martin Rosenfeld, JD

July 2, 2017

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Kathleen Parker wrote about the last tweet-storm of President Trump. She referred to the “fine art of disregard”. When under verbal assault, one needs to learn how to ignore certain comments. The “disregard” allows important work to get done. Not everybody who disagrees with us is our enemy. A successful mediation is often sparked by […]