Browsing All Posts filed under »Relationships«

How Not to Negotiate/Martin Rosenfeld, JD

March 25, 2017


Joe Cunningham, of Redstate.Com wrote of the efforts of Steve Bannon to get the Republicans to vote for the American Health Care Act. Mr. Bannon reportedly walked into a room with the Freedom Caucus members present and announced: “This is not a debate. You have no choice but to vote for this bill.” The response […]

A Super Bowl Mediation Thought/Martin Rosenfeld, JD

February 3, 2017


Robert Kraft, owner of the New England Patriots, is known for his pragmatic and generous approach to life. He is also a significant force in the great success of his football team. He was recently asked by a writer for the NY Daily News about his relationship with the Commissioner of the NFL, Roger Goodell. […]

Mediation and Pragmatism/Martin Rosenfeld, JD

January 22, 2017


Attorney/Mediator Christopher McHallam recently posted his thoughts on “4 Things You Should Know About Civil Mediation” at One of the motivations he outlined in encouraging mediated settlements is that of pragmatic interests. What is interesting about this discussion is that mediation is often the only method by which these interests can be met. Arbitration […]

Civility in Mediation/Martin Rosenfeld, JD

January 16, 2017


A recent post by Atty/Mediator Jan Frankel Schau, appearing at LinkedIn, is entitled “Why Civility Matters in Mediation”. Ms. Schau points out how civility is a necessary adjunct of the mediation process. Civility is needed moreso now more than ever because we have become a fragmented society. Pro-Trump people need to talk about putting the […]

Is It Ever Too Late for Mediation?/Martin Rosenfeld, JD

November 20, 2016


A recent “Hagar the Horrible” cartoon strip by Chris Browne, shows the enemy within striking distance of Hagar and his aide. Hagar turns to his army of one and states; “I suppose it’s too late to request a mediator.”  But is it ever too late for mediation in a matter that has not been adjudicated? […]

The Art of Listening/Martin Rosenfeld, JD

August 29, 2015


There is one quality that the mediator and the parties to the mediation need to share. It is the art of listening. It is difficult to proceed with any negotiation if a party has the feeling that they are not being listened to.  In a recent post at, Mediator Nancy Foster, JD wrote on […]

Impact of Divorce on Children/Martin Rosenfeld, JD

May 20, 2015


The May 25, 2015 edition of Time Magazine has an interview with Penelope Leach, a British author. Her recent book “When Parents Part” cites the fact that more than half of high school students do not have an intact family, with two parents. Ms. Leach concludes that in almost all situations the children are negatively […]