Browsing All posts tagged under »Dispute Resolution«

She Worked for Trump Org./Martin Rosenfeld, JD

January 10, 2021


On January 10, 2020, Barbara Res, a former Exec. V.P. of the Trump organization, wrote a column for the NY Daily News, entitled “Never Sorry, Never Wrong, Never Weak”. This article should be a must-read for all those who reject the idea of seeking compromise or avoiding confrontation in disputed matters. This relevant snippet says […]

The Steak Dinner Clause/Martin Rosenfeld,JD

December 19, 2020


I just read about a most unique solution to a potential deal-breaker. Hootsuite is an on-line educational service which reaches clients via a Vendor. The deal was described by CEO Ryan Holmes in a July 26, 2016 blog post. The deal hit a roadblock when Vendor and Hootsuite could not agree as to whose responsibility […]

Because it is Hard/Martin Rosenfeld, JD

November 4, 2020


When President Kennedy spoke about space travel he explained that he was pushing for the NASA program “[N]ot because it is easy but because it is hard.” In a recent article by the Wall Street Journal (November 2, 2020)on the effect from the COVID virus on businesses, a restaurant owner, Ms. Tracy Shields, explains why […]

VP Biden Was Not the First/Martin Rosenfeld, JD

October 15, 2020


One of the mainstays of the Trump campaign speech (both for Trump Sr. and Trump Jr.) is making reference to Vice President Biden’s “staying in the basement”. This strategy of “lying low” is actually not a new one at all. According to historian Doris Kearns Goodwin (“Leadership in Turbulent Times”) President Lincoln stayed in his […]

Taking Control/Martin Rosenfeld, JD

September 26, 2020


The more I blog on mediation, the more I see how how many components go into a process of mediation. I just read a September 2020 blog piece by mediator Michael Jacobs at The theme of this piece was that of taking control. Everybody wants to control important situations. How doe one get two […]

A Crucial Skill/Martin Rosenfeld, JD

September 26, 2020


Here is a sentence fragment. See if you can fill in the missing word. “It is almost impossible to hate a person whom we fully…”. The fragment is attributed to Rabbi Ralph Nichols. He was considered a pioneer in the “field of listening”. The complete sentence reads “It is almost impossible to hate a person […]

Win-Win By the Numbers/Martin Rosenfeld, JD

September 5, 2020


The Program on Negotiation of Harvard University had a discussion on Win-Win at (August 22,2020). Win-Win is a concept that states that two parties, with seemingly different goals, could get to a point where they “won” on the points most important to them. The following example serves to bring this point home: “3. Different […]

Congressman John Lewis: RIP/Martin Rosenfeld, JD

July 18, 2020


Congressman John Lewis lived a life dedicated to liberty and justice. His mentor in his life was the late Rev. Martin Luther King, Jr. The following thought, is both aspirational and helpful to those who need dispute resolution. More importantly, these words were declared by someone who “cheated death” on more than one occasion, in […]

Bias or Something Else?/Martin Rosenfeld, JD

May 28, 2020


A few days ago, Amy Cooper was walking her dog in Central Park. An African-American gentleman told her that her dog was not leashed. Ms. Cooper reacted to this comment by calling NYC police and falsely claiming she had been threatened by the man. Ultimately, the story went viral and Ms. Cooper lost her job […]

Getting to Yes/Martin Rosenfeld, JD

April 29, 2020


I recently took a CLE course in mediation styles. I enjoy seeing how other mediators apply their trade. The mediators teaching the course had very different ideas than do I about the manner and goal of their mediation style. Since mediation is referred to as an art rather than a science, this difference of style […]