Browsing All Posts filed under »Win-Win«

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: […]

Staying Calm/Martin Rosenfeld, JD

March 31, 2019

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A few days ago, the 9 Republicans on the House Intelligence Committee chaired by Rep. Adam Schiff, called for him to resign his position on the Committee in response to the Mueller report. A brief view of the Schiff response may be found at youtube.com (https://www.youtube.com/watch?v=J6fKbEqurZA). The notable quality of the Schiff response is how […]

Feuding With the Dead/Martin Rosenfeld, JD

March 24, 2019

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On March 21,2019 former Senator Joseph Lieberman wrote a piece for the Washington Post on a proper response to the President’s attacks on the late Senator John McCain. The op-ed was written by a friend, as a defense/tribute to the late Senator. What did Senator McCain teach by example? 1. He was forgiving. He spent […]

Power-Based Bargaining/Martin Rosenfeld, JD

March 17, 2019

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Professor Alain Lempereur recently wrote a brief piece for the Harvard Program on Negotiation (March 17, 2019) discussing the aborted talks between the US and North Korea. The thesis of this analysis is that failed talks often emerge from power-based bargaining. In effect, the parties default into a position of “My way or the highway”. […]

Your Legacy/Martin Rosenfeld, J.D.

March 10, 2019

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Whenever a US President reaches a second term, the article du jour seems to center about what that person’s legacy will be. How should this person be remembered? What will history think of them? The concept of legacy has surprising nexus to dealing with stressful disputes and negotiations. How it might work will be illustrated […]

The Power of Persuasion/Martin Rosenfeld, JD

February 5, 2019

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Tonight is the President’s 2019 State of the Union Address. The anticipation lies in people guessing what the President will say, or not say, about the Wall. I came across a book review of a work written long ago (1960)entitled “Presidential Power” by Richard Neustadt. The authors describes one of the powers a successful President […]