Browsing All Posts filed under »Negotiation«

The Limits of Arbitration/Martin Rosenfeld, JD

October 8, 2017

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One of the tools found in ADR (Alternate Dispute Resolution) is that of arbitration. A dispute that is arbitrated is decided by a panel of experts, who are often part of an organizational structure. In effect, arbitration is a less costly form of going to Court. The decision is reached in a quicker manner than […]

Mediation Quote

September 30, 2017

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I just saw this without attribution: I do not know if it is truly wrong to need to be right. What is essential however is to overcome that need in order to achieve a greater need; that of trying to get to Win-Win.

Two Wise Men/Martin Rosenfeld,JD

September 10, 2017

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James Baker, a Republican, and Andrew Young, a Democrat, together wrote an article for the Wall Street Journal on the issue of identity politics and how it has divided Americans.  This section stands out prominently for what it tells us about disputer resolution principles: “Both of us have been at the center of heated disputes […]

Mediation in Alabama/Martin Rosenfeld, JD

September 1, 2017

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The State of Alabama was recently sued by the inmates of its prison system. The issue at hand was the quality of the medical and therapeutic services that were made available to the inmates of the prison system. A federal judge, Myron Thompson, ruled against the State. Judge Thompson ordered mediation to take place between […]

Discussing Divorce With Children/Martin Rosenfeld, JD

August 26, 2017

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Donald T. Saposnek penned an article for mediate.com on the topic of “What Should We Tell the Children?”. Dr. Saposnek is a therapist and mediator, and has several cogent proposals about breaking the news of divorce  the children. Some of is thoughts follow: *Tell the children of the reason for the divorce. Avoid having the […]

Mediating Contract Disputes/Martin Rosenfeld, JD

August 18, 2017

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Some points about mediating contract disagreements were penned recently at mediation.com by Mediator David Allgeyer, Esq. Some of the insights are outlined below: * There is so much time and money invested in the litigation. Often there is no clear-cut winner but two losers. *After litigation, the relationship between the parties is likely to be, […]

Trump as Negotiator/Martin Rosenfeld, JD

August 11, 2017

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An article recently appeared at Huffington Post regarding the negotiating style of President Trump. Examples are cited from recent tapes of phone discussion between the President and heads of State in Mexico and Australia. This is the opinion of one expert in the field: “John Oesch, an associate professor at the Rotman School of Management […]