Browsing All posts tagged under »Dispute Resolution«

The Little Things/Martin Rosenfeld, JD

July 2, 2017

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A California realtor was interviewed in the Wall Street Journal. His name is Sean Stanfield. He stated that he never relies on lockboxes to allow entry for the prospective buyer. “We always have a member present…It is the little things…that make the biggest difference.” What can make a difference in a mediation? It is hard […]

Mediation and Pragmatism/Martin Rosenfeld, JD

January 22, 2017

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Attorney/Mediator Christopher McHallam recently posted his thoughts on “4 Things You Should Know About Civil Mediation” at mediate.com. One of the motivations he outlined in encouraging mediated settlements is that of pragmatic interests. What is interesting about this discussion is that mediation is often the only method by which these interests can be met. Arbitration […]

Hope and Mediation/Martin Rosenfeld,JD

September 26, 2016

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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

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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 […]

Mediation Creates a Space/Martin Rosenfeld, JD

September 14, 2016

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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 mediate.com, Mr. Auritt defines the role of the mediator in terms of her/his ability to create […]

Mediating for the Future/Martin Rosenfeld, JD

September 10, 2016

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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

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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 […]