Browsing All posts tagged under »Dispute Resolution«

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 […]

Are You Tweeting?/ Martin Rosenfeld, JD

August 11, 2016

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A number of commentators have pointed out that Mr. Trump keeps missing chances to exploit gaffes by Ms. Clinton because he is so consumed by tweeting on a constant basis. When you are talking all the time, you have no time to listen and to react. George Will recently quoted Winston Churchill describing a political […]

Getting Out of the Way/Martin Rosenfeld, JD

July 24, 2016

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An attorney/mediator, Jan Frankel Schau, recently wrote a post at mediate.com, entitled “A Funny thing Happens When People Talk to One Another in Mediation”. Ms. Schauu described her involvement in several litigated matters. Attorneys and clients were frustrated with the slow movement of the cases. What does a mediator do? Well Ms. Schau took a […]

Mediation and the Three Commandments/Martin Rosenfeld, JD

July 23, 2016

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One of the more widely-read of the posts I have written was the “Ten Commandments” of Mediation based on the writings of Attorney/Mediator/Author Marcy Jones. I will present an abbreviated version of this post. Think of it as the “Three Commandments” of Mediation: * If the marriage isn’t working, it is seldom just one person’s […]