Browsing All posts tagged under »Dispute Resolution«

Bias or Something Else?/Martin Rosenfeld, JD

May 28, 2020

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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

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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 […]

Collaborative Behavior/Martin Rosenfeld, JD

March 2, 2020

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I was in a classroom the other day, and I saw notes on the whiteboard about acting collaboratively. The first sentence read as follows: “Focus on the situation, issue or behavior, not the person.” A negotiation can get bogged down when people let their feelings for the other party dominate their thinking. In a collaborative […]

Brainstorming/Martin Rosenfeld, JD

February 16, 2020

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In a mediation there can come a time when the parties seem unable to come up with new and untried options. This is a good time to try to brainstorm. We have rules for everything, and brainstorming is no exception. Brainstorming can be effective, and there is no need to take up too much time […]

Cognitive Dissonance/Martin Rosenfeld, JD

July 20, 2019

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An article by Professor Kathleen D. Vohs on cognitive dissonance appeared at WashPo on July 18, 2019. The question at hand was how was it possible for supporters of President Trump not to protest the comment that 4 Congresswomen go back to the places from which they came. To many, the racist intent of these […]

Having a Difficult Conversation/Martin Rosenfeld, JD

July 13, 2019

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Author Judy Ringer has a post at mediate.com entitled “We Have to Talk:A Step-by-Step Checklist for Difficult Conversations”. Her advice is practical and insightful. Four of her points are outlined here: *Enter talks with a positive and not a negative goal. Your goal should be to find solutions and not to simply vent. *Consider which […]

A Mediator and “Full-Service”/Martin Rosenfeld, JD

November 7, 2018

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A mediator is a professional who helps parties involved in disputes avoid reaching an impasse. But the Mediator may truly be able to impact on lives in ways not conveyed in a simple job-description. Because of her/his role of trust, a Mediator might find that there is a role to play in the following mental […]

A Hero Dies/Martin Rosenfeld, JD

August 26, 2018

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This weekend saw the death of one of the true heroes we have left in America. The name of the gentleman was Senator John McCain. In a tweet, Peter Baker of the NYT summed up the Senator’s life by saying that he was not remarkable because he was a perfect person. He was remarkable because […]

The Options We All Have/Martin Rosenfeld, JD

August 11, 2018

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Two asylum seekers on August 9, 2018 had been deported to El Salvador. When DC District Judge Emmet Sullivan learned of this plan, he expressed great displeasure with the fact that people fighting for their rights to stay in America were deported before a Court ruled on their request. The government decision of deportation had […]

Anger and Conflict/Martin Rosenfeld, JD

November 18, 2017

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I just came across and old post by Lee Jay Berman on mediate.com. It is entitled “13 Tools for Resolving Conflict in the Workplace, with Customers and in Life”. It is a well-written overview on conflict and its solutions. Some points Mr. Berman makes about anger are of great consequence to mediation sessions. The anger […]