Browsing All Posts filed under »Mediator«

When a Judge Orders One Mediation Session/Martin Rosenfeld, JD

January 13, 2020

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It is very rare that one mediation session will lead to a final agreement. Why then do judges sometimes order that a party attend one mediation session? There are actually a few benefits from such a modest order: 1. Sometimes lightening strikes at a mediation session and the parties are so pleased with their progress […]

Mediation Advice for the New Decade/Martin Rosenfeld, JD

January 1, 2020

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In Stephen Covey’s work, “The 7 Habits of Highly Effective People”, he lists this as Habit #3: “Broken focus is the number one reason people fail. It’s not enough to start off on the right track; you must successfully avoid the unnecessary distractions and attractions of life that aim to sidetrack you… The main thing […]

Visitation and a “Visitor”/Martin Rosenfeld, JD

January 1, 2020

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On occasion, during the mediation session, the request is made that the spouse with visitation rights not bring along their newest “significant other” when they see the children. The request is self-understood but is not always met with the promise of compliance. If conversation is not helpful, I try to get the parties to see […]

Who Wins in “Marriage Story”?/Martin Rosenfeld, JD

January 1, 2020

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The current movie about divorce is named “Marriage Story”. This represents an irony. A further complication is that the movie has no winners nor losers; there is likewise no hero and no villain. In this manner, the movie is like many divorces. No one truly comes out ahead. However, Alan Alda’s role as a divorce […]

Who is Screaming?/Martin Rosenfeld, JD

December 17, 2019

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Kurt Bardella penned an article at nbc.com concerning the Impeachment Hearing. His point of interest was the strident tones heard from the Republican side, specially that of Rep. Doug Collins of Georgia. Mr Bardella thought back to a movie scene: Indeed, in observing my former House GOP comrades over the many days of contentious House […]

Expressing Feelings/Martin Rosenfeld, JD

December 14, 2019

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The Program of Negotiation/Harvard University, published a post by Kathy Shonk, on December 12, 2019, entitled “Four Ways to Manage Conflict in the Workplace”. Specifically, the discussion included a treatment on the expression of emotions. Is it OK to express feelings of e.g disappointment, anger, hurt, etc. The answer to this question is in the […]

Admitting Wrongdoing/Martin Rosenfeld, JD

November 14, 2019

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Many commentators have opined that the failure of President Nixon to admit the errors of his ways, led to his vacating the office. President Trump too has an inability to admit to wrongful acts. This likely underlies his Impeachment Hearing. In a mediation, feel free to acknowledge mistakes and to engage in apologetic words, if […]