Browsing All posts tagged under »Win-Win«

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; […]

Mediation and Moccasins/Martin Rosenfeld, JD

August 4, 2019

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A dispute has more than one side. It is easier to resolve a dispute if both parties are also willing to view it from the other party’s side. There is an expression that advises us to “never judge a man until you walk a mile in his moccasins”. By viewing the other person’s perspective, you […]