Browsing All posts tagged under »Win-Win«

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 […]

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 […]