Browsing All Posts filed under »Negotiation«

When Mediation Fails/Martin Rosenfeld, JD

September 6, 2020

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Mediation is the search for Win-Win. Litigation is the search for defeating your opponent. But does mediation always work? In my experience, there are certain factors that make success for the mediation perilous. These factors include the following: *If there is active enmity between the the parties, mediation may not be doomed to failure. If […]

Win-Win By the Numbers/Martin Rosenfeld, JD

September 5, 2020

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The Program on Negotiation of Harvard University had a discussion on Win-Win at https://www.pon.harvard.edu/daily/win-win-daily/what-is-a-win-win-negotiation? (August 22,2020). Win-Win is a concept that states that two parties, with seemingly different goals, could get to a point where they “won” on the points most important to them. The following example serves to bring this point home: “3. Different […]

Styles of Obama & Biden/Martin Rosenfeld, JD

August 17, 2020

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Alex Thompson is the Political National Reporter for Politico.com. On August 14, 2020, he wrote a piece discussing the relationship between President Obama and his VP, Joseph Biden. (“The President Was Not Encouraging: What Obama Really thought About Biden”)Clearly the two men had different styles and personalities. Some of the insights found in the article […]

Showing Class/Martin Rosenfeld, JD

August 16, 2020

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This tweet was sent out by VP Joseph Biden upon learning the of the death of Robert Trump: “Mr. President, Jill and I are sad to learn of your younger brother Robert’s passing. I know the tremendous pain of losing a loved one — and I know how important family is in moments like these. […]

One Final Thought From Rep. John Lewis

July 26, 2020

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“Release the need to hate, to harbor division, and the enticement of revenge. Release all bitterness. Hold only love, only peace in your heart, knowing that the battle of good to overcome evil is already won. Choose confrontation wisely, but when it is your time don’t be afraid to stand up, speak up, and speak […]

Congressman John Lewis: RIP/Martin Rosenfeld, JD

July 18, 2020

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Congressman John Lewis lived a life dedicated to liberty and justice. His mentor in his life was the late Rev. Martin Luther King, Jr. The following thought, is both aspirational and helpful to those who need dispute resolution. More importantly, these words were declared by someone who “cheated death” on more than one occasion, in […]

What You Can Control/Martin Rosenfeld, JD

July 12, 2020

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It is often said by those in the mental health field that we can be far healthier once we realize that we can’t control external events. We can only control how we react to them. A recent article was written for mediate.com by mediator and author, Cinnie Noble. The July article begins by citing the […]

A Prime Minister Speaks on ADR/Martin Rosenfeld, JD

June 28, 2020

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An article penned by the Harvard Program on Negotiation (found at https://www.pon.harvard.edu/daily/international-negotiation-daily/international-negotiations-and-conflict-tony-blairs-10-principles-for-dispute-resolution-negotiations/) discusses the negotiation style of former UK Prime Minister Tony Blair. Of particular note is the following idea: “Because the two sides in a lingering dispute have difficulty seeing each other’s pain, conflict resolution is best viewed as a journey rather than an […]

The Benefits of Mediation/Martin Rosenfeld, JD

June 21, 2020

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Many benefits are listed as “selling points” for mediation. It is fast, it is relatively inexpensive, it is private, etc. However, there are benefits of mediation that go beyond its favorable comparison with standard litigation. It is better to resolve disputes amicably than via confrontation and rancor. Tf you will, mediation is better for the […]

Know When to Listen/Martin Rosenfeld,JD

June 14, 2020

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A good mediator listens more than he talks. A good party to a dispute knows both how to talk and how to listen. The conversation in a mediation is a prelude to successful resolution of the dispute at hand. On June 13, 2020, Maureen Dowd wrote an op-ed about listening and talking, entitled “An Anti-Trump […]