Browsing All posts tagged under »Win-Win«

What is Worse Than Lying?/Martin Rosenfeld, JD

June 10, 2017

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Matthew Yglesias wrote an interesting piece (well-worth the read) on truth-telling at https://www.vox.com/policy-and-politics/2017/5/30/15631710/trump-bullshit. 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 […]

Boilerplate Divorce Agreements/Martin Rosenfeld, JD

May 29, 2017

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Boilerplate agreements are comprised of typical clauses that simply require an occasional fill-in or brief reference. A mediation client recently showed me such an agreement that a family lawyer had prepared for her. Once she agreed to its content, it would be shared with opposing counsel. Once signed by both parties, the divorce matter would […]

Would You Believe?/Martin Rosenfeld, JD

May 6, 2017

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This appeared on twitter as tweeted by John Logan: CEO of the 1st company in the world to offer Marriage Insurance.Contact me if you’re interested in investing. http://www.divorceprobability.com.  Life is sufficiently complex that it is difficult to envision that a test can show the likelihood of marital viability. However, there are definite means of determining […]

What You Don’t Do/Martin Rosenfeld, JD

April 12, 2017

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Richard Haass is President of the Council on Foreign Relations. He often appears as a very insightful and well-informed “talking head” on the Morning Joe program. He was recently asked what the recent gassing on Syrian innocents can teach us about President Assad and past US policy. His statement can be paraphrased as follows: “We […]

How You Sound to Others/Martin Rosenfeld, JD

April 9, 2017

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A software startup, Civil, forces people who wish to comment on a discussion online, to first evaluate three other comments for their civil quality. The third comment subject to this evaluation is that of the reviewer herself. The reviewer is asked if they wish to modify their comment, which they often do. In this way, […]

Trust Your Gut/Martin Rosenfeld, JD

February 19, 2017

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Deborah E. Lipstadt is an historian who has written much about the fact that there are still Holocaust deniers who disseminate their contorted views on the Holocaust period. In a recent article found at Esquire.Com, Jerad W. Alexander wrote a piece after interviewing Professor Lipstadt, entitled “A Holocaust Historian Explains Why People Believe Trump’s Lies”. […]

Mediation and Pragmatism/Martin Rosenfeld, JD

January 22, 2017

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Attorney/Mediator Christopher McHallam recently posted his thoughts on “4 Things You Should Know About Civil Mediation” at mediate.com. One of the motivations he outlined in encouraging mediated settlements is that of pragmatic interests. What is interesting about this discussion is that mediation is often the only method by which these interests can be met. Arbitration […]