Browsing All posts tagged under »civility«

Handling Adversity/Martin Rosenfeld,JD

April 28, 2018


How did Southwest Airlines handle the air disaster after the engine malfunction on Flight 1380? According TO Scott McCartney, in an April 28,2018 WSJ article, airline employees were immediately dispatched to help airline passengers with travel arrangements and even trauma counseling. But how does one deal with the negative publicity that accompanies tragic stories such […]

Civility in Mediation/Martin Rosenfeld, JD

January 16, 2017


A recent post by Atty/Mediator Jan Frankel Schau, appearing at LinkedIn, is entitled “Why Civility Matters in Mediation”. Ms. Schau points out how civility is a necessary adjunct of the mediation process. Civility is needed moreso now more than ever because we have become a fragmented society. Pro-Trump people need to talk about putting the […]

Mediation Creates a Space/Martin Rosenfeld, JD

September 14, 2016


Attorney/Mediator Michael Aurit added his name to the many who have written articles on how to select a mediator. Attorney Aurit acknowledges the fact that his topic selection, is neither novel nor unique. However, in his article, found  on, Mr. Auritt defines the role of the mediator in terms of her/his ability to create […]

When A Patient Gets an Apology/Martin Rosenfeld,JD

February 2, 2016


A headline in the Wall Street Journal said it all: “Hospitals Learn to Say ‘I’m Sorry’ to Patients.” At Stanford Hospital, a surgeon accidentally caused a new injury to a patient. The patient received an apology, an explanation, and a waiver of the bill, plus an undisclosed settlement.  The protocol was consistent with the adoption […]

The Art of Listening/Martin Rosenfeld, JD

August 29, 2015


There is one quality that the mediator and the parties to the mediation need to share. It is the art of listening. It is difficult to proceed with any negotiation if a party has the feeling that they are not being listened to.  In a recent post at, Mediator Nancy Foster, JD wrote on […]

Early in the Dispute/Martin Rosenfeld, JD

June 6, 2015


I do not know about statistics regarding when cases seem to settle. Do cases settle mostly after the dispute is 6 months old? One year old? Two years old? The assumption of many is that few cases settle early on because the parties are most optimistic about their chances for success early in the proceedings. […]

The Atom Bomb and Transparency/Martin Rosenfeld, JD

May 2, 2015


A book entitled “Democracy in the Dark” has been authored by Attorney Frederic Schwarz, Jr. Mr. Schwarz gives an example of how secrecy can often work against the interests of society. The dropping of the Atomic Bomb over Japan was carried out by the US, under President Truman, after a period of great secrecy. many […]