Browsing All Posts filed under »Win-Win«

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 […]

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 […]