Browsing All Posts filed under »Win-Win«

Apologies/Martin Rosenfeld, JD

May 10, 2024

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It can be very therapeutic for a person to offer an apology during a mediation session. The key to such a proffer is that the person who initiates it must not use this as a bargaining chip; i.e. If I apologize, will you do the same.” After an apology, renewed trust can come about between […]

Mediation in the Bible/Martin Rosenfeld, JD

April 25, 2024

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The late author and theologian, Rabbi Dr. Jonathan Sacks, wrote a learned essay here https://rabbisacks.org/covenant-conversation/matot/conflict-resolution/ wherein he illustrated how Moses acted as a mediator in a dispute that is described in Chapter 32 in the Book of Numbers. Specifically, he traces how the book “Getting to Yes” is a perfect model of how Moses wisely […]

Empathy/Martin Rosenfeld, JD

April 13, 2024

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The ability to identify with another person’s anguish is a function of empathy. A mediator should strive to get the parties to have an enhanced sense of empathy for the opposing party. In his book, “Judaism’s Life-Changing Ideas”, Rabbi Dr. Jonathan Sacks, has a chapter on empathy. The author describes how narrative is how we […]

The Mediator’s Role/Martin Rosenfeld, JD

April 13, 2024

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In a recent post on mediate.com., Joy Rosenthal, mediator and litigator, opined that the most important role of the mediator is to get each party understand the other party’s point of view. While it may be somewhat tenuous to try to label the absolute most important role of the mediator, there is no question that […]

Ronna (Romney) McDaniel/Martin Rosenfeld, JD

March 26, 2024

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Ronna McDaniel, the former chair of the Republican National Committee, was hired by NBC to be a “talking head” re Republican efforts in the upcoming campaign. As Professor Joyce Vance wrote on her blog, the choice was in error (to put it mildly). Ms. McDaniel had enabled Donald Trump in his efforts to deny the […]

Mediation in Ireland/Martin Rosenfeld, JD

March 22, 2024

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Michelle Browne is an Irish mediation. She penned a book regarding her own divorce which is described at https://www.leinsterleader.ie/news/local-news/1451086/naas-mediator-pens-book-on-divorce.html. Her painful account is described in this way: “Motivated by her own painful experience, Michelle delves into the evolving field of mediation law, particularly exploring the impact of the Mediation Act 2017 on available choices for […]

The Impact of Divorce/Martin Rosenfeld, JD

March 10, 2024

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On January 30, 2024, Dr. Ann Buscho’s blog on divorce was published here: https://www.psychologytoday.com/us/blog/a-better-divorce/202401/7-emotions-how-it-may-feel-to-decide-to-divorce. The many powerful emotions that accompany divorce were described in such terms as grief, shame, anxiety and anger. For those parties who choose to litigate their divorce, there will be a delayed opportunity to try to heal from the divorce process. […]

Mediation’s Many Forms/Martin Rosenfeld, JD

March 2, 2024

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Katie Shonk, writing on February 27, 2024 for the Harvard PON (Program on Negotiation), had this information about a rarely-utilized ADR tool known as Med-Arb Arb-Med “In arb-med, another among the types of mediation, a trained, neutral third party hears disputants’ evidence and testimony in an arbitration; writes an award but keeps it from the […]

Inspired by Dr. Wayne Dyer/Martin Rosenfeld, JD

February 14, 2024

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“Conflict cannot survive without your participation.” /Wayne Dyer “Conflict resolution cannot take place without the parties’ participation.” /Martin Rosenfeld

Can Abrasive Behavior Work in Mediations?/Martin Rosenfeld, JD

January 28, 2024

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The Harvard Program on Negotiation posed an interesting question at https://www.pon.harvard.edu/daily/mediation/dealing-with-an-abrasive-mediator-nb/?utm_source=WhatCountsEmail&utm_medium=daily&utm_date=2023-05-04-06-30-00&mqsc=E4151888 Could an abrasive mediator be helpful in getting parties to an agreement? The thesis that was presented was that this sometimes works because an abrasive mediator unites the parties in trying to unite so they can get to an agreement. If they can’t count […]