Browsing All Posts filed under »Win-Win«

Parenting Post-Divorce/Martin Rosenfeld, JD

July 5, 2020

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I just came across a blogsite which is authored by Pastor Thom Dick, who serves as Assistant Pastor at the Canadian Southland Church. In an article found here, the Pastor discusses how parenting can work even after divorce.: https://www.mysteinbach.ca/blogs/9555/three-keys-to-successfully-co-parent-after-divorce/ There are three rules to consider in post-divorce parenting. They are as follows: 1. Assume that […]

A Prime Minister Speaks on ADR/Martin Rosenfeld, JD

June 28, 2020

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An article penned by the Harvard Program on Negotiation (found at https://www.pon.harvard.edu/daily/international-negotiation-daily/international-negotiations-and-conflict-tony-blairs-10-principles-for-dispute-resolution-negotiations/) discusses the negotiation style of former UK Prime Minister Tony Blair. Of particular note is the following idea: “Because the two sides in a lingering dispute have difficulty seeing each other’s pain, conflict resolution is best viewed as a journey rather than an […]

The Benefits of Mediation/Martin Rosenfeld, JD

June 21, 2020

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Many benefits are listed as “selling points” for mediation. It is fast, it is relatively inexpensive, it is private, etc. However, there are benefits of mediation that go beyond its favorable comparison with standard litigation. It is better to resolve disputes amicably than via confrontation and rancor. Tf you will, mediation is better for the […]

Isolating and Separating?Martin Rosenfeld,JD

June 14, 2020

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A post by Hadassah Fidler appeared at mediate.com (June 12, 2020)on the issue of “Separation in Isolation”. What advice can be given to couples who are contemplating divorce while simultaneously isolating under one roof, due to COVID-19? An Israeli psychologist, Dr. Yossi Shafer suggests that the couple focus on survival and not dwell on long-range […]

Bias or Something Else?/Martin Rosenfeld, JD

May 28, 2020

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A few days ago, Amy Cooper was walking her dog in Central Park. An African-American gentleman told her that her dog was not leashed. Ms. Cooper reacted to this comment by calling NYC police and falsely claiming she had been threatened by the man. Ultimately, the story went viral and Ms. Cooper lost her job […]

When a Judge Orders One Mediation Session/Martin Rosenfeld, JD

January 13, 2020

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It is very rare that one mediation session will lead to a final agreement. Why then do judges sometimes order that a party attend one mediation session? There are actually a few benefits from such a modest order: 1. Sometimes lightening strikes at a mediation session and the parties are so pleased with their progress […]

Collaboration/Martin Rosenfeld, JD

October 7, 2019

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In the September 19, 2019 edition of the WSJ, Joann Lublin wrote about “To Get Ahead, Rivals Get Along”. The finding of the article is that employers prefer to elevate collaborative executives. Collaborative behavior is sought out because it demonstrates effective leadership. Politics, we are told, has become a tribal affair. There is an element […]

Rules of Mediation?/Martin Rosenfeld, JD

September 28, 2019

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Dan Simon wrote a post on mediation for mediate.com (September 2019) entitled “Mediation Approaches: We Don’t Have Science, So Let’s Have principles”. Apparently, Mr. Simon does not see a reason for many ground rules in mediation sessions such as “Listen to each other” or “Don’t interrupt”. Why tell the parties how to conduct their session? […]

Listening/Martin Rosenfeld, JD

August 18, 2019

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A good mediator must be a good listener. What happens when one feels s/he is being heard? William Ury, mediator guru, sums it all up in one sentence: “When you listen to someone, it’s the most profound act of respect.” Many complain in life that they are not “being heard”. It is often no wonder; […]

Disruptive Behavior/Martin Rosenfeld, JD

August 4, 2019

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President Trump has been referred to, by supporters and detractors alike, as a disrupter. He does not follow the usual rules of Presidential protocol or behavior. Thus, he disrupts the traditional patterns of conducting Presidential business. He has veered from what was once considered to be “normal” behavior. In a mediation process, a relationship has […]