Browsing All posts tagged under »“mediate don’t litigate”«

Banality of Goodness?/Martin Rosenfeld, JD

June 30, 2018

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Hannah Arendt, A German-born philosopher of Jewish heritage, created the term “banality of evil” to describe Holocaust-era activities. It was her way of explaining how common-place activities (i.e. banal acts) could lead to monstrous results. In the July-August issue of Smithsonian magazine, Joshua Levine refer to common-place “goodness” and its designation as the “banality of […]

Addendum to Prior Post

June 24, 2018

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In a follow-up to the comments by President Trump that were dismissive of Rep. Sanford, divorced in the prior post, the Washington Post tried to elicit comments by colleagues of Rep. Sanford. This was the reaction of one politico who was present when the comments were made: ” ‘It was a couple days long enough […]

Mediation in the U.K.

February 11, 2018

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I came across an article about an English mediator that first appeared in 2012. It can be found at http://www.theguardian.com/money-march/09/2012/working-life-divorce-mediator. In the article an attorney explains why he spurned a career of litigation for one in mediation. The attorney/mediator, Neal Robinson, said the following to explain the draw of mediation: “It’s all about the balance […]

Mediation in Alabama/Martin Rosenfeld, JD

September 1, 2017

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The State of Alabama was recently sued by the inmates of its prison system. The issue at hand was the quality of the medical and therapeutic services that were made available to the inmates of the prison system. A federal judge, Myron Thompson, ruled against the State. Judge Thompson ordered mediation to take place between […]

Patience

February 19, 2017

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One of the strengths a mediator must possess is having the gift of patience. A solution that may not immediately be apparent, may well develop if the parties continue the dedicated work of talking, negotiating, and pursuing a proper solution to the question at hand. The mediator must be prepared to work in trying to […]

A Mediation “Takeaway” From the Trump Victory/Martin Rosenfeld, JD

December 12, 2016

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Professor Clifford Orwin, a faculty member of the University of Toronto, recently analyzed the US election at http://www.theglobeandmail.com/opinion/still-stunned-at-trumps-win-its-all-in-the-numbers/article33289872/. In his conclusion, the author stated that the easy part for Mr. Trump was to run on an agenda of “divide and conquer”. Now comes the crucial challenge; i.e. can President-elect Trump bring the American people back together. […]

The Blame Game/Martin Rosenfeld, JD

December 4, 2016

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An article appeared at TheHill.Com entitled “Dem Blame Game Rages Over Clinton Loss”. The article, written by Niall Stanage, contains the following quote by Jane Sanders, whose husband Bernie, contested Ms. Clinton for the Democratic nomination: “The Vermont senator’s wife, Jane Sanders, said in the days after the election that he would ‘absolutely’ have had a better […]