Browsing All posts tagged under »Win-Win«

Listening/Martin Rosenfeld, JD

August 18, 2019

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A good mediator must be a good listener. What happens when one feels s/he is being heard? William Ury, mediator guru, sums it all up in one sentence: “When you listen to someone, it’s the most profound act of respect.” Many complain in life that they are not “being heard”. It is often no wonder; […]

Mediation and Moccasins/Martin Rosenfeld, JD

August 4, 2019

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A dispute has more than one side. It is easier to resolve a dispute if both parties are also willing to view it from the other party’s side. There is an expression that advises us to “never judge a man until you walk a mile in his moccasins”. By viewing the other person’s perspective, you […]

Women’s Soccer in Mediation/Martin Rosenfeld, JD

June 29, 2019

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The following news appeared at http://www.csnbc.com website on June 24, 2019: The 2019 FIFA Women’s World Cup is underway and teams from around the world are fighting for the championship title — as well as equal pay. In 2016, five U.S. women’s players filed a discrimination complaint with the Equal Employment Opportunity Commission (EEOC), and […]

Bad Reasons to Choose Litigation Over Mediation/Martin Rosenfeld, JD

June 16, 2019

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America is known as a litigious country. While resorting to Court over mediation is costly and anguishing, many people choose this route. Here are some bad reasons for choosing the litigation option: *I CAN GET A BETTER DEAL IN COURT THAN I CAN THROUGH MEDIATION. Surely there are situations where your case is so strong […]

Power-Based Bargaining/Martin Rosenfeld, JD

March 17, 2019

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Professor Alain Lempereur recently wrote a brief piece for the Harvard Program on Negotiation (March 17, 2019) discussing the aborted talks between the US and North Korea. The thesis of this analysis is that failed talks often emerge from power-based bargaining. In effect, the parties default into a position of “My way or the highway”. […]

Mediation and the Impasse/Martin Rosenfeld, JD

December 29, 2018

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What can a mediator do when the parties seem to have reached an impasse in their discussions? Some options may include the following: *Remind the parties, if they have children, how a non-agreement may place a disproportionate burden on their children. Parties may be happy to attempt to pulverize each other, but how many parents […]

The Power To…/Martin Rosenfeld, JD

December 24, 2018

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As the 2018 political year reaches its “final resting place”, experts are weighing in. The US President has great power. Has President Trump used his power to build or has he used it to disrupt and/or destroy? I leave the answer to the reader. However, in all negotiations, parties have power to act or fail […]