Browsing All Posts filed under »Uncategorized«

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 […]

Jumping on a Log/Martin Rosenfeld,JD

July 16, 2017

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I saw the following quote in an article on business practice: “Just because you see a log floating in the water, does not mean you have to jump on it.” In business, this likely means there is no obligation to follow every lead towards an investment, sale, etc. In a negotiation or mediation, it may […]

The Little Things/Martin Rosenfeld, JD

July 2, 2017

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A California realtor was interviewed in the Wall Street Journal. His name is Sean Stanfield. He stated that he never relies on lockboxes to allow entry for the prospective buyer. “We always have a member present…It is the little things…that make the biggest difference.” What can make a difference in a mediation? It is hard […]

Safeguarding Wisdom/Martin Rosenfeld, JD

July 2, 2017

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Kathleen Parker wrote about the last tweet-storm of President Trump. She referred to the “fine art of disregard”. When under verbal assault, one needs to learn how to ignore certain comments. The “disregard” allows important work to get done. Not everybody who disagrees with us is our enemy. A successful mediation is often sparked by […]

What is Worse Than Lying?/Martin Rosenfeld, JD

June 10, 2017

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Matthew Yglesias wrote an interesting piece (well-worth the read) on truth-telling at https://www.vox.com/policy-and-politics/2017/5/30/15631710/trump-bullshit. His premise is that lying is when a person tries to convince his audience of the veracity of a false statement. BS’ing is the term he applies to President Trump, as Trumpian statements tend to be diversions, non-sequiturs, or impertinent statements. The bottom […]