Browsing All posts tagged under »Mediation«

Divorce and the New Year/Martin Rosenfeld, JD

December 16, 2017

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It is maintained that internet searches for the word “divorce” go up dramatically in the month of December. Why is it true that divorces are more prevalent in January than at other times? Some of the explanations include the following: *The initiating party for divorce wanted one last stress-free Holiday season with the family. *Financial […]

Back to the Future/Martin Rosenfeld, JD

December 11, 2017

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A conflict currently exists. The mediator has been chosen. Is there a way to fix the past? The answer to that is obviously in the negative. However, the existence of the conflict represents a challenge as well. What can the parties do to avoid a repeat of the past mistakes? There is always the possibility […]

Dignified Mediations/Martin Rosenfeld, JD

October 29, 2017

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How can one create dignity in a mediation or negotiation? It is not as hard as one might think. Parties appreciate being treated seriously and with a modicum of respect. Some strategies for conveying respect for an opponent include the following: *Listen to another party without interruptions and with rapt attention. *Have a real curiosity […]

Mediation Quote

September 30, 2017

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I just saw this without attribution: I do not know if it is truly wrong to need to be right. What is essential however is to overcome that need in order to achieve a greater need; that of trying to get to Win-Win.

Jumping on a Log/Martin Rosenfeld,JD

July 16, 2017

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I saw the following quote in an article on business practice: “Just because you see a log floating in the water, does not mean you have to jump on it.” In business, this likely means there is no obligation to follow every lead towards an investment, sale, etc. In a negotiation or mediation, it may […]

Safeguarding Wisdom/Martin Rosenfeld, JD

July 2, 2017

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Kathleen Parker wrote about the last tweet-storm of President Trump. She referred to the “fine art of disregard”. When under verbal assault, one needs to learn how to ignore certain comments. The “disregard” allows important work to get done. Not everybody who disagrees with us is our enemy. A successful mediation is often sparked by […]

Ownership Over a Dispute/Martin Rosenfeld, JD

June 19, 2017

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The Belfast Agreement of Northern Island was mediated by the former Senator George Mitchell in 1998. The peace that has reigned in that part of the world for nearly 20 years, was a tribute to the skill and negotiation acumen shown by Mr. Mitchell in his mediator role. One conversation, as narrated by Mr. Mitchell, […]