Browsing All posts tagged under »Mediation«

Remember Monica?/Martin Rosenfeld, JD

March 10, 2018


Abby Ellin wrote about Monica Lewinsky in the WSJ of March 10, 2018. She wrote as a follow-up to a recent article written by Ms. Lewinsky for the current issue of Vanity Fair. In that article, Ms. Lewinsky accuses former President Clinton of “gross abuse of power” for his treatment of her. To this assertion, […]

Mediation in the U.K.

February 11, 2018


I came across an article about an English mediator that first appeared in 2012. It can be found at 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 […]

How Many Options Do We Need?/Martin Rosenfeld, JD

January 19, 2018


Professor Max Bazerman of Harvard Business School poses this question: “Did you ever see a house for sale and decide right then and there that you need to bid on it? You have fallen head over heels for this house. It is then likely that you will not be in a strong bargaining position. You […]

Problems/Martin Rosenfeld, JD

January 13, 2018


Humans are by nature problem-solvers. But how does one go about solving a problem that he has already created? While mediation is very likely the best process by which to resolve the problem, there is a step that is first in need of application. Ponder the following statement by Albert Einstein: “We can’t solve problems […]

Divorce and the New Year/Martin Rosenfeld, JD

December 16, 2017


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


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


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 […]