Browsing All posts tagged under »Dispute Resolution«

Win-Win By the Numbers/Martin Rosenfeld, JD

September 5, 2020

0

The Program on Negotiation of Harvard University had a discussion on Win-Win at https://www.pon.harvard.edu/daily/win-win-daily/what-is-a-win-win-negotiation? (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

0

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

0

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

0

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

0

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

0

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

0

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

0

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

0

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

0

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 […]