Browsing All Posts filed under »Uncategorized«

Back to the Future/Martin Rosenfeld, JD

December 11, 2017

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A conflict currently exists. The mediator has been chosen. Is there a way to fix the past? The answer to that is obviously in the negative. However, the existence of the conflict represents a challenge as well. What can the parties do to avoid a repeat of the past mistakes? There is always the possibility […]

Dignified Mediations/Martin Rosenfeld, JD

October 29, 2017

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How can one create dignity in a mediation or negotiation? It is not as hard as one might think. Parties appreciate being treated seriously and with a modicum of respect. Some strategies for conveying respect for an opponent include the following: *Listen to another party without interruptions and with rapt attention. *Have a real curiosity […]

A Lesson From General Kelly

October 21, 2017

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In light of the charges from Rep. Frederica Wilson that President Trump mishandled the condolence call to Ms. Myeshia Johnson about her Soldier-Husband’s death, General John Kelly held a press conference. He spoke in his White House position as Chief of Staff. His comments wandered into a critique of the Representative and make several misstatements […]

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 […]