Safeguarding Wisdom/Martin Rosenfeld, JD

July 2, 2017

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Kathleen Parker wrote about the last tweet-storm of President Trump. She referred to the “fine art of disregard”. When under verbal assault, one needs to learn how to ignore certain comments. The “disregard” allows important work to get done. Not everybody who disagrees with us is our enemy. A successful mediation is often sparked by […]

Ownership Over a Dispute/Martin Rosenfeld, JD

June 19, 2017

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The Belfast Agreement of Northern Island was mediated by the former Senator George Mitchell in 1998. The peace that has reigned in that part of the world for nearly 20 years, was a tribute to the skill and negotiation acumen shown by Mr. Mitchell in his mediator role. One conversation, as narrated by Mr. Mitchell, […]

Conflict/Martin Rosenfeld, JD

June 18, 2017

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Carl Jung, a psychologist and author of note, once said this about conflict: “The most intense conflicts, if overcome, leave behind a sense of security and calm that is not easily disturbed.” This comment is similar to a statement found in the Talmud, 2000 years previously, to the same effect: “There is no joy akin […]

What is Worse Than Lying?/Martin Rosenfeld, JD

June 10, 2017

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Matthew Yglesias wrote an interesting piece (well-worth the read) on truth-telling at https://www.vox.com/policy-and-politics/2017/5/30/15631710/trump-bullshit. His premise is that lying is when a person tries to convince his audience of the veracity of a false statement. BS’ing is the term he applies to President Trump, as Trumpian statements tend to be diversions, non-sequiturs, or impertinent statements. The bottom […]

Boilerplate Divorce Agreements/Martin Rosenfeld, JD

May 29, 2017

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Boilerplate agreements are comprised of typical clauses that simply require an occasional fill-in or brief reference. A mediation client recently showed me such an agreement that a family lawyer had prepared for her. Once she agreed to its content, it would be shared with opposing counsel. Once signed by both parties, the divorce matter would […]

Mediation and Mother’s Day/Martin Rosenfeld, JD

May 29, 2017

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A mediator by the by name of Jan Schau recently wrote about what traits learned from Mom help her as a mediator. The trait that struck me was one of fairness. To be a good parent, or a good mediator, one needs to be fair and impartial. This in turn leads to trust. As we […] […]

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Civility/Martin Rosenfeld, JD

May 20, 2017

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The CEO of Southwest Airlines., Gary Kelly, was recently quoted by bizjournal.com as saying the following abour airlines and recent customer contoversies: “I am worried our broader society has become less and less civilized, so what we want to try to do at Southwest is stand for civility, stand for hospitality and make that a […]