Browsing All posts tagged under »Agreement«

Hope and Mediation/Martin Rosenfeld,JD

September 26, 2016


The following appeared in the Boston Globe, on September 23, 2016: WE OFTEN HEAR politicians expressing “hope” for the resolution of various disputes, even though it sounds trite and anodyne. But new research suggests that it does make a difference to one’s opponents. When informed that Palestinians had become more hopeful about peace in response […]

Where Are We?/Martin Rosenfeld, JD

September 24, 2016


The former Secretary of Defense, Robert Gates, was fond of telling his charges: “We are where we are–not where we want to be.” In a negotiation, it is easy to talk about what could have been and what should have been. While the review of the past has some relevancy in any negotiation, the parties […]

Mediating for the Future/Martin Rosenfeld, JD

September 10, 2016


We think of mediation often in terms of current needs such as child support, alimony, division of property, etc. However, future issues are no less important in a mediation agreement. Future-looking issues may include: *Methods for resolving future disputes *Paying for future parties, weddings, etc. *Methods by which future expenses (e.g. medical, mental health, etc.) […]

The Apology/Martin Rosenfeld, JD

August 30, 2016


It is not difficult to understand how an apology can move parties from deadlocked positions to the road of Win-Win. What makes for a good apology? Here is the conclusion on one study: Edward Tomlinson of John Carroll University and Roy Lewicki of Ohio State University concluded that participants viewed apologies to be more sincere when […]

Mediation and Peace/Martin Rosenfeld, JD

August 27, 2016


Indira Gandhi was quoted as saying “You can’t shake hands with a clenched fist.” It takes two parties to stoke a controversy. In a mediation, you would do well to get the parties, or at least one party, to take ownership over the dispute. Once this is done, the search for solutions becomes easier. The […]

Getting Out of the Way/Martin Rosenfeld, JD

July 24, 2016


An attorney/mediator, Jan Frankel Schau, recently wrote a post at, entitled “A Funny thing Happens When People Talk to One Another in Mediation”. Ms. Schauu described her involvement in several litigated matters. Attorneys and clients were frustrated with the slow movement of the cases. What does a mediator do? Well Ms. Schau took a […]

Fairness V. Strength/Martin Rosenfeld, JD

April 9, 2016


A columnist recently opined that in his search for the Republican presidential nomination, Donald Trump will need to decide what he wishes to accomplish. Will he pursue the right to be the nominee on the basis of his political “strength” or on the basis of the doctrine of “fairness”. When I read the article, I […]