Browsing All Posts filed under »Mediator«

Who We Are/Martin Rosefeld, JD

November 7, 2018

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Family Law litigator, Steven Kolodny, was recently interviewed by Family Lawyer Magazine. He was asked why he chose to practice Family Law. This was part of his response: “I chose family law because it is the only area of law that gives you the opportunity to make a positive difference in the future lives of […]

DIY Divorce/Martin Rosenfeld, JD

November 7, 2018

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DIY stands for “Do It Yourself”. Many couples in divorce situations cannot afford legal representation. Many articles appear in the topic of self-help, or DIY. This is an area in which mediators can be helpful and where legal practitioners cannot be. A DIY couple will not choose to seek out an attorney. Yet, they may […]

A Mediator and “Full-Service”/Martin Rosenfeld, JD

November 7, 2018

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A mediator is a professional who helps parties involved in disputes avoid reaching an impasse. But the Mediator may truly be able to impact on lives in ways not conveyed in a simple job-description. Because of her/his role of trust, a Mediator might find that there is a role to play in the following mental […]

What is the Opposite of Win-Win?/Martin Rosenfeld, JD

October 18, 2018

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In mediation theory, the term Win-Win is used quite often. The need to get both sides to “win” on some important points is never overstated. But do people really try to achieve Win-Lose? A textbook example of Win-Lose is discussed in a piece for the Wall Street Journal (10/17/18) by William A. Galston. This is […]

Grievance V. Gratitude/Martin Rosenfeld, JD

October 14, 2018

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Which political party was given a boost by the appointment of Justice Kavanaugh to the Supreme Court? Was it the Republican Party, which got to see the appointment of someone who espouses their strong conservative views? Or was the Democratic Party energized by the need to stand up for their principles which may have been […]

Civility When it Counts/Martin Rosenfeld, JD

September 29, 2018

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Jon Ward of Yahoo News wrote (9/28/18) about the proposal of Senator Jeff Flake that was ultimately adopted to give the FBI one week to investigate charges aimed at the past conduct of Judge Brett Kavanaugh. This is what he quoted, in relevant part, about Senator Chris Coons’ impact on Senator Flake’s decision: “I frankly […]

Lawsuits and Mediation/Martin Rosenfeld, JD

September 26, 2018

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The mantra often found in these pages is “Mediate Don’t Litigate”. But aren’t there times where a lawsuit is necessary and even a positive step. Undoubtedly this is true. But perhaps President Lincoln, a former trial lawyer, said it best “A good settlement is better than a good lawsuit.” And again, mediate don’t litigate.