Browsing All Posts filed under »Negotiation«

Details/Martin Rosenfeld, JD

January 19, 2021


Ashley Parker, of the Washington Post, was interviewed by Brian Williams on Monday night. She reported that the one task President Trump truly enjoys is exercising his pardon power. She stated that POTUS is “pouring” over details of people’s lives who are being considered for a pardon. To him, the pardon power is a power […]

She Worked for Trump Org./Martin Rosenfeld, JD

January 10, 2021


On January 10, 2020, Barbara Res, a former Exec. V.P. of the Trump organization, wrote a column for the NY Daily News, entitled “Never Sorry, Never Wrong, Never Weak”. This article should be a must-read for all those who reject the idea of seeking compromise or avoiding confrontation in disputed matters. This relevant snippet says […]

A Quote For a Year That Has Passed/Martin Rosenfeld,JD

January 3, 2021


This past year of 2020 was one filled with divisions, fighting words, and verbal assaults. It is helpful to consider a quote that talks of peace and a pursuit of peace. This quote is by Peter Drucker: “The most important thing in communication is to hear what isn’t being said.” Sometimes what is not said […]

Attorney For a Mediation?/Martin Rosenfeld, JD

December 20, 2020


I am often asked if an attorney is needed/required for mediation sessions. My answer is nuanced; an attorney is helpful to review a mediation agreement. However, having an attorney for a mediation is purely discretionary. Many clients can do well without an attorney in the mediation process. That is the nature of mediation give-and-take. If […]

The Steak Dinner Clause/Martin Rosenfeld,JD

December 19, 2020


I just read about a most unique solution to a potential deal-breaker. Hootsuite is an on-line educational service which reaches clients via a Vendor. The deal was described by CEO Ryan Holmes in a July 26, 2016 blog post. The deal hit a roadblock when Vendor and Hootsuite could not agree as to whose responsibility […]

Your Own Facts/Martin Rosenfeld, JD

December 19, 2020


The late Senator Patrick Moynihan of NY is often quoted about the impact of truth. Specifically, he said: “You are entitled to your own opinion, but you are not entitled to your own facts.” As the current Administration comes to an end, this is of timely import. However, it relates to mediation process as well. […]

Peaceful Coping /Martin Rosenfeld, JD

November 28, 2020


In the November 25, 2020 WSJ, Elizabeth Bernstein provided, in her article about politics and polarization, communication tips from William Doherty. How does one talk to someone whose views differ from their own? This article preceded Thanksgiving, and clearly there was an assumption that Holidays bring people together (at least on Zoom), this leads to […]

Prudence/Martin Rosenfeld, JD

November 14, 2020


I just read a vignette about President Dwight Eisenhower. Someone handed him a sealed envelope and told the President its contents was for his review. President Eisenhower refused to open the envelope as it was his policy to only review documents that had first been reviewed by an aide. He wanted to ensure that at […]

Because it is Hard/Martin Rosenfeld, JD

November 4, 2020


When President Kennedy spoke about space travel he explained that he was pushing for the NASA program “[N]ot because it is easy but because it is hard.” In a recent article by the Wall Street Journal (November 2, 2020)on the effect from the COVID virus on businesses, a restaurant owner, Ms. Tracy Shields, explains why […]

A Lesson From Social Media/Martin Rosenfeld, JD

October 27, 2020


Damon Centola is a Professor at the University of Pennsylvania. He recently conducted an experiment in which he divided diehard Democrats and Republicans into “echo chambers”. There, each group was put into close proximity with those who held differing political beliefs. After these interactions, the participants were shown to have become less polarized rather than […]