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

A Prime Minister Speaks on ADR/Martin Rosenfeld, JD

June 28, 2020

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An article penned by the Harvard Program on Negotiation (found at https://www.pon.harvard.edu/daily/international-negotiation-daily/international-negotiations-and-conflict-tony-blairs-10-principles-for-dispute-resolution-negotiations/) discusses the negotiation style of former UK Prime Minister Tony Blair. Of particular note is the following idea: “Because the two sides in a lingering dispute have difficulty seeing each other’s pain, conflict resolution is best viewed as a journey rather than an […]

When Courts Are Closed/Martin Rosenfeld, JD

March 28, 2020

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Many states have closed their Court systems for cases that are not of an emergency-matter. While this creates difficulties for many parties, the viable option of mediation is still very much a reasonable go-to process. Mediations can be done on-line, by phone, or in person, if proper health precautions are observed. Going to court to […]

Disruptive Behavior/Martin Rosenfeld, JD

August 4, 2019

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President Trump has been referred to, by supporters and detractors alike, as a disrupter. He does not follow the usual rules of Presidential protocol or behavior. Thus, he disrupts the traditional patterns of conducting Presidential business. He has veered from what was once considered to be “normal” behavior. In a mediation process, a relationship has […]

Mediation and a Federal Bank/Martin Rosenfeld, JD

May 16, 2019

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There has been much discussion recently about the Federal Reserve Bank. Several suggested names were introduced as potential nominees to serve on the Board. In recent weeks, they have withdrawn their names for consideration. There are actually 12 Districts in the Federal Reserve system. One them is in Minneapolis. I recently came across an article […]

How to Criticize and Be Heard/Martin Rosenfeld, JD

March 31, 2019

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An article appeared on March 22,2019, on the website for the periodical “Fast Company”. It is entitled “Why the ‘Velvet Hammer’ is a Better Way to Give Constructive Criticism”. The gist of the article is that there is indeed a proper way to deliver “bad news” to a party. The following explanation speaks for itself: […]

Your Legacy/Martin Rosenfeld, J.D.

March 10, 2019

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Whenever a US President reaches a second term, the article du jour seems to center about what that person’s legacy will be. How should this person be remembered? What will history think of them? The concept of legacy has surprising nexus to dealing with stressful disputes and negotiations. How it might work will be illustrated […]

The Passage of Time/Martin Rosenfeld, JD

December 16, 2018

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It has been said that journalism is “history in a hurry”. Events unfold and professionals report it and try to put it in a proper context. Ultimately, facts get sorted out more precisely and a true picture emerges as to the significance of an event. I have heard historian Jon Meacham suggesting that a period […]

DIY Divorce/Martin Rosenfeld, JD

November 7, 2018

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DIY stands for “Do It Yourself”. Many couples in divorce situations cannot afford legal representation. Many articles appear in the topic of self-help, or DIY. This is an area in which mediators can be helpful and where legal practitioners cannot be. A DIY couple will not choose to seek out an attorney. Yet, they may […]

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 […]