Browsing All Posts filed under »Uncategorized«

Focusing on the Positive/Martin Rosenfeld, JD

October 8, 2017

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Tevi Troy, a former HHS official, wrote an article for the WSL entitled “”In Hurricane Relief, 2 out of 3 Ain’t Good”. Mr. Troy discusses how it only takes one failure, such as Katrina, to mark a president’s tenure as unsuccessful. “(Y)ou can do a great job with weather disasters for four years, but the […]

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.

On-Line Mediation/Martin Rosenfeld, JD

September 10, 2017

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(The following information comes from an article entitled “Why We Need Fewer Lawyers” by Professor Jonathan H. Adler, at WSJ/9/7/17)).PayPal and eBay currently utilize computer-assisted mediation. The companies employ systems that can identify areas of agreement between vendors and purchasers and they then propose potential solutions. Approximately 90% of assigned disputes are able to reach […]

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 […]

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 […]

What Did You Say?/Martin Rosenfeld, JD

July 16, 2017

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There are times where we find a need to respond to a “vicious hit”. It may be in our role as mediator or in a role as one negotiating in a mediation session. How does one deal with abrasive comments? There is no easy answer, but it is done with patience, wisdom and a positive […]