Browsing All posts tagged under »Win-Win«

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 […]

Lying is Not the Way/Martin Rosenfeld, JD

November 26, 2018

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This snippet on the issue of Saudi Arabian responsibility for the death of a journalist appeared at Axios.com: Democratic Rep. Adam Schiff told Dana Bash on CNN’s “State of the Union”: “I have been briefed by the CIA. And while I cannot discuss the contents of the briefing in any way, I can say that […]

Grievance V. Gratitude/Martin Rosenfeld, JD

October 14, 2018

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Which political party was given a boost by the appointment of Justice Kavanaugh to the Supreme Court? Was it the Republican Party, which got to see the appointment of someone who espouses their strong conservative views? Or was the Democratic Party energized by the need to stand up for their principles which may have been […]

The Many Faces Of …/Martin Rosenfeld, JD

September 26, 2018

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In the September 25, 2018 New York Times, Frank Bruni wrote about “The Many Faces of Brett Kavanaugh”. Was he a gentleman as some say, or a drunken predator, as others charge? Mr. Bruni’s tentative answer is that might it not be possible that he was both, but at different times or in different situations? […]

A Hero Dies/Martin Rosenfeld, JD

August 26, 2018

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This weekend saw the death of one of the true heroes we have left in America. The name of the gentleman was Senator John McCain. In a tweet, Peter Baker of the NYT summed up the Senator’s life by saying that he was not remarkable because he was a perfect person. He was remarkable because […]