Browsing All posts tagged under »Mediator«

Know When to Listen/Martin Rosenfeld,JD

June 14, 2020


A good mediator listens more than he talks. A good party to a dispute knows both how to talk and how to listen. The conversation in a mediation is a prelude to successful resolution of the dispute at hand. On June 13, 2020, Maureen Dowd wrote an op-ed about listening and talking, entitled “An Anti-Trump […]

Mediator as a Neutral/Martin Rosenfeld, JD

October 15, 2019


Reuters reported the following on October 10, 2019 :”U.S. President Donald Trump said on Thursday he hopes he can mediate between Turkey and the Kurds following Turkey’s offensive on U.S.-allied Kurds in northeast Syria.” After giving Turkey the “green light” to “clear a path” in Syria where Kurds had been stationed, could he still be […]

Post Nuptial Agreements/Martin Rosenfeld, JD

March 3, 2019


Much has been written about prenuptial agreements. They work best when there is a second marriage and/or when the parties wish to retain their own valuable holdings. However, these agreements have their critics as well. They bring an element of business negotiations into the love-based relationship we know as marriage. They potentially can cast a […]

Empathy/Martin Rosenfeld, JD

October 14, 2018


Ever have a bad day? We all have such days. How about a bad week? That too is familiar to many of us. How about a difficult few months? That is what happens to people who are in a crisis-mode. The reason for this bad stretch might be personal problems, medical issues, financial setbacks, etc. […]

Truth IS Truth/Martin Rosenfeld, JD

August 22, 2018


The title of this post was first used this week, as far as one can determine, by commentator Eugene Robinson. It is a reply to the foolish pronouncement of a Trump attorney who bellowed that “Truth is NOT Truth”. An underlying foundation of mediation process is that truth must prevail. A party must be truthful […]

What Did You Say?/Martin Rosenfeld, JD

July 16, 2017


There are times where we find a need to respond to a “vicious hit”. It may be in our role as mediator or in a role as one negotiating in a mediation session. How does one deal with abrasive comments? There is no easy answer, but it is done with patience, wisdom and a positive […]

Shimon Peres/Martin Rosenfeld,JD

October 9, 2016


The recent passing of the ex-Prime Minister/President of Israel, Shimon Peres, has led to many tributes to this dignified and compassionate leader. The following quote was attributed to Mr. Peres: ” “Why is America great?” I asked him. “Because they were givers. Why is Europe in trouble? Because they are takers. America is giving; people […]

Mediation and Trust/Martin Rosenfeld,JD

October 9, 2016


A Finnish politician and international mediator, Martii Ahtisaari,  once said that the selection of the mediator is premised on the trust displayed and exhibited by the parties to the dispute. Rarely, is mediation a legal exercise ordered by the legal process. It is rather, usually, the result of a decision made voluntarily by the parties […]

When Mediation Fails/Martin Rosenfeld, JD

February 14, 2015


An article recently appeared by Attorney Eric Solotoff on the topic of the benefits of mediation even when it leads to no resolution of the issues at hand. Most of the reasons listed for welcoming such a mediation deal with the following premise: Even if the mediation is unsuccessful, you may find out helpful information. […]

Getting Close/Martin Rosenfeld

July 9, 2013


One of the creative political commentators over the decades is a gentleman by the name of Norman Ornstein. Mr. Ornstein recently suggested, tongue-in-cheek that he had a suggestion to break the gridlock in Washington. Why not build multiple housing units in view of the Congress and require the legislators to live there when they are […]