Browsing All posts tagged under »ADR«

A True Mediator?/Martin Rosenfeld, JD

June 3, 2020

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VP Biden spoke about the tragic events of recent days. (Is that all it has been. It seems like a lifetime.) He promised that if elected, he will listen to people and try to get it right. Is that not the role of the mediator? Trying to defuse toxic situations. Listening. Guiding. Faciliating. Trying to […]

Life’s Choices/Martin Rosenfeld,JD

April 21, 2020

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A Harvard Professor by the name of Dr. Tal Ben-Shahar wrote a popular book on happiness. The book, based on a successful course Dr. Ben-Shahar taught at Harvard, is entitled “Happier”. This book is a wonderful read and offers the reader much to ponder. At the end of the chapters, the author provides an exercise […]

When Courts Are Closed/Martin Rosenfeld, JD

March 28, 2020

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Many states have closed their Court systems for cases that are not of an emergency-matter. While this creates difficulties for many parties, the viable option of mediation is still very much a reasonable go-to process. Mediations can be done on-line, by phone, or in person, if proper health precautions are observed. Going to court to […]

Ohio As a Mediation Pioneer/Martin Rosenfeld,JD

February 11, 2019

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A unique Court program is described at https://sc.courtinnovations.com/OHFCMC. Potential litigants in Columbus, Ohio are welcomed to a no-cost program that will guide them through a process that may lead to a resolution. The site offers the parties short videos describing mediation, and a “negotiation space”. This space is an “online space to negotiate a satisfactory […]

Problems/Martin Rosenfeld, JD

January 13, 2018

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Humans are by nature problem-solvers. But how does one go about solving a problem that he has already created? While mediation is very likely the best process by which to resolve the problem, there is a step that is first in need of application. Ponder the following statement by Albert Einstein: “We can’t solve problems […]

Is Arbitration the Answer?/Martin Rosenfeld, JD

November 25, 2017

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The Time Magazine issue dated December 4, 2017 has a major piece on arbitration clauses in nursing home disputes. The analysis, written by Haley Sweetland Edwards, makes several interesting points that are not generally known. Arbitration costs are not always less costly than litigation costs. In some arbitration clauses, there is a stipulation concerning which […]

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 […]