Browsing All posts tagged under »Win-Win«

Multiple Options/Martin Rosenfeld, JD

March 10, 2018


In his book “Smart Money Decisions”, Harvard Business School professor Max H. Bazerman cautions about home-buyers who fall in love with a particular home after seeing it at an open house and place a bid for it on the spot. By limiting their range of options to one house, rather than several, they set themselves […]

The Need to Be Heard/Martin Rosenfeld, JD

February 19, 2018


Mediation provides a safe space for two (or more) parties to discuss their differences. The Wall Street Journal weekend magazine of 2/17/18 carried an interview with Oprah Winfrey. Ms. Winfrey is now a contributor to the long-running “Sixty Minutes”. What does Ms. Winfrey try to accomplish? “Once you feel heard, you are willing to hear […]

Lesson From the Korean Impasse/Martin Rosenfeld, JD

February 17, 2018


Walter Russell Mead, of the WSJ, in an article on Kim Yo Jong, wrote on 2/13/18 about the efforts to bring North Korea’s nuclear program under control. (Notice the step-by-step RX for finding a solution.) “All this is to say that the effort to denuclearize North Korea is an uphill climb. That does not mean […]

Mediating Contract Disputes/Martin Rosenfeld, JD

August 18, 2017


Some points about mediating contract disagreements were penned recently at by Mediator David Allgeyer, Esq. Some of the insights are outlined below: * There is so much time and money invested in the litigation. Often there is no clear-cut winner but two losers. *After litigation, the relationship between the parties is likely to be, […]

Trump as Negotiator/Martin Rosenfeld, JD

August 11, 2017


An article recently appeared at Huffington Post regarding the negotiating style of President Trump. Examples are cited from recent tapes of phone discussion between the President and heads of State in Mexico and Australia. This is the opinion of one expert in the field: “John Oesch, an associate professor at the Rotman School of Management […]

That Which is Possible/Martin Rosenfeld, JD

August 5, 2017


The New York Times, in a recent editorial, wrote this about the Trump Presidency: “… (P)olitics is not “The Art of the Deal,” but the art of the possible.” There is often not only one definitive solution to a particular problem. The parties themselves need to search for a solution which is consistent with their needs […]

What is Worse Than Lying?/Martin Rosenfeld, JD

June 10, 2017


Matthew Yglesias wrote an interesting piece (well-worth the read) on truth-telling at His premise is that lying is when a person tries to convince his audience of the veracity of a false statement. BS’ing is the term he applies to President Trump, as Trumpian statements tend to be diversions, non-sequiturs, or impertinent statements. The bottom […]