Email Won’t Replace Conversation/Martin Rosenfeld, JD

September 26, 2018

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The Program on Negotiation (PON) of Harvard University, published an article (September 20, 2018) entitled “The Pitfalls of Negotiating Over Email”. We probably know intuitively that Email is not a perfect communication vehicle. The post discusses some of its weaknesses. It is difficult to read a statement on paper, and determine if the writer is […]

Lawsuits and Mediation/Martin Rosenfeld, JD

September 26, 2018

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The mantra often found in these pages is “Mediate Don’t Litigate”. But aren’t there times where a lawsuit is necessary and even a positive step. Undoubtedly this is true. But perhaps President Lincoln, a former trial lawyer, said it best “A good settlement is better than a good lawsuit.” And again, mediate don’t litigate.

The Many Faces Of …/Martin Rosenfeld, JD

September 26, 2018

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In the September 25, 2018 New York Times, Frank Bruni wrote about “The Many Faces of Brett Kavanaugh”. Was he a gentleman as some say, or a drunken predator, as others charge? Mr. Bruni’s tentative answer is that might it not be possible that he was both, but at different times or in different situations? […]

Mediation Civility/Martin Rosenfeld, JD

September 8, 2018

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A post appeared on mediate.com in August 2018 on sample Mediation Ground Rules. It was written by James Melamed, and it contained 12 rules to ensure an orderly and successful mediation process. I will “cherry pick” 4 of the Melamed “rules” and add a fifth of my own. These rules are basic, civil, and quite […]

A Hero Dies/Martin Rosenfeld, JD

August 26, 2018

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This weekend saw the death of one of the true heroes we have left in America. The name of the gentleman was Senator John McCain. In a tweet, Peter Baker of the NYT summed up the Senator’s life by saying that he was not remarkable because he was a perfect person. He was remarkable because […]

Truth IS Truth/Martin Rosenfeld, JD

August 22, 2018

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The title of this post was first used this week, as far as one can determine, by commentator Eugene Robinson. It is a reply to the foolish pronouncement of a Trump attorney who bellowed that “Truth is NOT Truth”. An underlying foundation of mediation process is that truth must prevail. A party must be truthful […]

Two Parties, Two Sides/ Martin Rosenfeld, JD

August 13, 2018

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In a post dated August 12, 2018, Professor Max H. Bazerman, of the Harvard Business School, discussed negotiation theory. What is it that many people in a negotiation forget to note? “Many people neglect to think about the other side’s point of view.” Think …”about the world from the other side’s perspective.” Each party believes […]