Browsing All posts tagged under »Win-Win«

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 […]

Because I Can/Martin Rosenfeld, JD

May 28, 2020

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Why would President Trump not wear a mask in public despite medical advice that this be done? Why would he tweet a conspiracy theory about Joe Scarborough killing an aide 19 years ago? The polls indicate that neither action is looked upon favorably. But sometimes we just do things because we can. Because we are […]

Max Lucado/Martin Rosenfeld, JD

May 10, 2020

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Recognize the name Max Lucado? I didn’t either before day. But he is an author, clergyman and believer in the human capacity to achieve and to grow in life. Here are two quotes, both of them in the spirit of Win-Win and mediation process: “Conflict is inevitable but combat is optional” It is wise to […]

Lose-Lose?/Martin Rosenfeld, JD

January 26, 2020

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According to Newser.com(January 15, 20200 David Ostrom sought to divorce in wife. He asked an Iowa court for permission to meet his wife, and her counsel, “on the field of battle”. His weapon of choice was a sword. To no one’s surprise, opposing counsel petitioned the Court to order a mental health evaluation for Mr. […]

When a Judge Orders One Mediation Session/Martin Rosenfeld, JD

January 13, 2020

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It is very rare that one mediation session will lead to a final agreement. Why then do judges sometimes order that a party attend one mediation session? There are actually a few benefits from such a modest order: 1. Sometimes lightening strikes at a mediation session and the parties are so pleased with their progress […]

Collaboration/Martin Rosenfeld, JD

October 7, 2019

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In the September 19, 2019 edition of the WSJ, Joann Lublin wrote about “To Get Ahead, Rivals Get Along”. The finding of the article is that employers prefer to elevate collaborative executives. Collaborative behavior is sought out because it demonstrates effective leadership. Politics, we are told, has become a tribal affair. There is an element […]

Truth. What’s That?

September 18, 2019

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The following discussion took place between an attorney for the Democrats Impeachment Hearings and one Corey Lewandowski: BERKE: Do you hear that, sir? That was you saying, on MSNBC, you don’t ever remember the president ever asking you to get involved with Jeff Sessions or the Department of Justice in any way, shape or form. […]

Fake Weather?/Martin Rosenfeld, JD

September 5, 2019

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By now most everyone knows about Pres. Trump warning that Hurricane Dorian was heading towards Alabama. The only problem was that it wasn’t doing that. The president then produced an altered weather map to prove his “point”. On this miscue, Chris Cillizza of cnn.com posted (September 5, 2019) “Donald Trump’s Alabama Obsession Reveals a Very […]

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; […]