Browsing All Posts filed under »Win-Win«

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 […]

Trump 2.0/MartinRosenfeld, JD

June 22, 2019

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Supporters of President Trump are not all unaware of his perceived deficits among many Americans. How then can he get re-elected? The new hope seems to be that the negatives will be considered less important than the positive successes he has already attained. This post is not about political prognostication.However,there is something attractive about the […]

Bad Reasons to Choose Litigation Over Mediation/Martin Rosenfeld, JD

June 16, 2019

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America is known as a litigious country. While resorting to Court over mediation is costly and anguishing, many people choose this route. Here are some bad reasons for choosing the litigation option: *I CAN GET A BETTER DEAL IN COURT THAN I CAN THROUGH MEDIATION. Surely there are situations where your case is so strong […]

Creative Solutions/Martin Rosenfeld, JD

May 22, 2019

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A.J. Baime of the Wall Street Journal recently wrote about a creative problem to a seemingly knotty dilemma.(“He Had a Will to Win Back His Classic MG”/May 22, 2019). Bruce MacCormack is 81 years old. In 2003, he sold his 1971 British-built MGB to Chet Kenoyer, age 64. In 2012, Mr. MacCormack missed owning the […]

Mediating Sports Disputes/Martin Rosenfeld, JD

April 28, 2019

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The Supreme Court has dealt with three cases centering around arbitration clauses, during this term. Management often favors arbitration clauses as it is seen as delivering a quick and more predictable result than other means that are available. In arbitration,one or more third-party arbitrators issue a ruling that is usually binding. Often, in sports disputes, […]

How to Criticize and Be Heard/Martin Rosenfeld, JD

March 31, 2019

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An article appeared on March 22,2019, on the website for the periodical “Fast Company”. It is entitled “Why the ‘Velvet Hammer’ is a Better Way to Give Constructive Criticism”. The gist of the article is that there is indeed a proper way to deliver “bad news” to a party. The following explanation speaks for itself: […]