Browsing All posts tagged under »Win-Win«

A Quote For a Year That Has Passed/Martin Rosenfeld,JD

January 3, 2021

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This past year of 2020 was one filled with divisions, fighting words, and verbal assaults. It is helpful to consider a quote that talks of peace and a pursuit of peace. This quote is by Peter Drucker: “The most important thing in communication is to hear what isn’t being said.” Sometimes what is not said […]

The Steak Dinner Clause/Martin Rosenfeld,JD

December 19, 2020

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I just read about a most unique solution to a potential deal-breaker. Hootsuite is an on-line educational service which reaches clients via a Vendor. The deal was described by CEO Ryan Holmes in a July 26, 2016 blog post. The deal hit a roadblock when Vendor and Hootsuite could not agree as to whose responsibility […]

Handling Arguments/Martin Rosenfeld, JD

October 27, 2020

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Marla Tabaka of Inc magazine, recently wrote “Leaders Don’t Argue, They Teach”. She gives insights into the theme of how leaders act with emotional intelligence. What skills can one use to redirect an argument? Ms. Tabaka’s summary includes the following: *Remain Self-Aware: It is nearly impossible for one who “needs to be right” to be […]

A Crucial Skill/Martin Rosenfeld, JD

September 26, 2020

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Here is a sentence fragment. See if you can fill in the missing word. “It is almost impossible to hate a person whom we fully…”. The fragment is attributed to Rabbi Ralph Nichols. He was considered a pioneer in the “field of listening”. The complete sentence reads “It is almost impossible to hate a person […]

When Mediation Fails/Martin Rosenfeld, JD

September 6, 2020

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Mediation is the search for Win-Win. Litigation is the search for defeating your opponent. But does mediation always work? In my experience, there are certain factors that make success for the mediation perilous. These factors include the following: *If there is active enmity between the the parties, mediation may not be doomed to failure. If […]

Win-Win By the Numbers/Martin Rosenfeld, JD

September 5, 2020

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The Program on Negotiation of Harvard University had a discussion on Win-Win at https://www.pon.harvard.edu/daily/win-win-daily/what-is-a-win-win-negotiation? (August 22,2020). Win-Win is a concept that states that two parties, with seemingly different goals, could get to a point where they “won” on the points most important to them. The following example serves to bring this point home: “3. Different […]

Styles of Obama & Biden/Martin Rosenfeld, JD

August 17, 2020

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Alex Thompson is the Political National Reporter for Politico.com. On August 14, 2020, he wrote a piece discussing the relationship between President Obama and his VP, Joseph Biden. (“The President Was Not Encouraging: What Obama Really thought About Biden”)Clearly the two men had different styles and personalities. Some of the insights found in the article […]

The Power We Have/Martin Rosenfeld, JD

July 19, 2020

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Historian Douglas Brinkley on the life of the late Rep. John Lewis: “He believed in the power of love, not the power of hate.” For those brave enough to try to mediate disputes with their “opponents”, they may be so fortunate so as to internalize this truism; the nullity of the power of hate. Mediate […]

The Benefits of Mediation/Martin Rosenfeld, JD

June 21, 2020

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Many benefits are listed as “selling points” for mediation. It is fast, it is relatively inexpensive, it is private, etc. However, there are benefits of mediation that go beyond its favorable comparison with standard litigation. It is better to resolve disputes amicably than via confrontation and rancor. Tf you will, mediation is better for the […]

Know When to Listen/Martin Rosenfeld,JD

June 14, 2020

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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 […]