Browsing All Posts filed under »Negotiation«

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 […]

Empathy/Martin Rosenfeld, JD

October 14, 2018

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Ever have a bad day? We all have such days. How about a bad week? That too is familiar to many of us. How about a difficult few months? That is what happens to people who are in a crisis-mode. The reason for this bad stretch might be personal problems, medical issues, financial setbacks, etc. […]

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 […]

Email Won’t Replace Conversation/Martin Rosenfeld, JD

September 26, 2018

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The Program on Negotiation (PON) of Harvard University, published an article (September 20, 2018) entitled “The Pitfalls of Negotiating Over Email”. We probably know intuitively that Email is not a perfect communication vehicle. The post discusses some of its weaknesses. It is difficult to read a statement on paper, and determine if the writer is […]

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.

The Many Faces Of …/Martin Rosenfeld, JD

September 26, 2018

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In the September 25, 2018 New York Times, Frank Bruni wrote about “The Many Faces of Brett Kavanaugh”. Was he a gentleman as some say, or a drunken predator, as others charge? Mr. Bruni’s tentative answer is that might it not be possible that he was both, but at different times or in different situations? […]