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Author: Jeffrey Fink
Company: Jeffrey N. Fink, Esq.
Website: www.jfinklawadr.com
Memorable Quote 1: Most disputes resolve out of court. Why not now?
Author Comment / Biography: Jeff is a lawyer, mediator and arbitrator outside Boston, Massachusetts. Wearing his lawyer hat, he represents clients in general business law matters and as settlement counsel and serves as outside general counsel to several companies. As a mediator and collaborative attorney, he helps resolve a wide range of business and family/divorce disputes and has a particular interest in partner disputes (business divorce) and divorces involving complex financial concerns such as family businesses. He is available to serve as an arbitrator in business and consumer matters and is a member of several arbitration panels including the Massachusetts Legal Fee Arbitration Board and the Better Business Bureau. His practice also includes helping international clients navigate the US legal and business system, often coordinating with other lawyers and law firms. Jeff approaches both the counseling and dispute resolution aspects of his practice from a deal-making background; he limits his courtroom practice to a strategic or litigation management role.
Jeff has been in solo private practice since 2008, although he worked for much of his career for major international law firms including Proskauer Rose LLP in New York, where he was Senior Counsel. His work has spanned not only a full range of corporate transactions - including M&A, fund formation, lending, securities, project finance and restructurings - but also service as outside general counsel to a number of companies, including everything from helping develop business strategy to litigation management, employment matters, licensing and commercial transactions. Jeff has represented business clients and individuals dealing with businesses in a wide range of industries such as commercial lending, computer hardware and software, consumer and commercial electronics manufacturing, contract manufacturing, defense contracting, garment manufacturing and distribution, investment banking and other financial services, medical devices and other life sciences, private equity and other alternative investments, service industries and telecommunications. His ADR experience has included business/commercial, consumer, family/divorce, landlord-tenant and securities matters.
Jeff also utilizes a decade of kung fu training to share insights from martial arts on negotiation and mediation on the Kung Fu Mediation blog.
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Articles by Jeffrey Fink |
1. Book Review: Research of Martial Arts, by Jonathan Bluestein
August 24, 2015
I'm a sucker for martial arts books. My shelves are full of guidelines for systems I will never have the chance to study, by masters past and present whom I will never have the chance, or sometimes the desire, to meet. There's even a book about using taiji to run better.
Martial arts books fal...
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2. What Happens to Client Files When a Collaborative Case Fails: The Massachusetts Rule for Lawyers
August 09, 2015
You have represented a client in a Collaborative Law case. Your whole professional team has done its best. At the end of the day, though, the parties have decided in good faith that they are no longer willing to negotiate and need a court to provide them with clarity. Your client pays you in full...
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3. Kung Fu Negotiation: Putting the Pieces Together
November 28, 2014
Kung fu masters have come up with many teachings that sound poetic but are extremely practical. For instance, people who practice Chen style tai chi say, "Don't hit. Kick with your hands": have a complete connection between your sole and your fist. It goes along with a Yang style tai chi saying that...
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4. The New York Rocket Docket: What You Need to Know About CPLR Rule 9
September 22, 2014
New York recently adopted a new set of rules under the CPLR that allow the parties to business disputes to agree to streamlined, accelerated adjudication. The parties can agree to follow the new rules at the time the case reaches the court or by including a pre-dispute clause in the underlying cont...
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5. Kung Fu Negotiation Tactics: The Multi-Level Attack
September 20, 2014
One martial arts tactic that translates well to litigation and other high conflict, win or lose situations is the multi-level attack. A negotiator can use it too, but if the relationship between the parties is important it can backfire and inflame tensions.
The multi-level attack relies on th...
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6. 9 Questions to Ask Your Attorney When Starting a Business
June 06, 2014
If you are starting a new business, there are a few questions to ask your attorney up front:
Q: Does it matter what kind of entity to make it? A: It depends on your goals. The most common choices are C corporation, S corporation, limited liability company, general partnership and limited pa...
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7. Four Flavors of Respect
June 05, 2014
The dictionary defines "respect" as being esteemed or honored. Why is one esteemed or honored? Because of some personal quality or achievement.
1. Fear is Not the Same as Respect. Too many people confuse fear with respect. When I was eight years old, my first martial arts teacher, a former G...
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8. How to Negotiate Like a Kung Fu Master: 14 Principles of Kung Fu Negotiation
April 11, 2014
People respond to verbal conflict the same way they do to physical conflict. The same adrenaline starts to flow and our minds even adopt some of the same strategies. Being aware of these strategies is one of the essences of Kung Fu Negotiation. Whether you are sparring with your fists or with wor...
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9. Seven Ethical Considerations for Attorney Neutrals in Collaborative Matters
March 23, 2014
Attorneys who have substantive knowledge of a particular area of law are sometimes brought in as neutrals in Collaborative Law cases. Parties sometimes want unbiased advice on how a court would likely interpret the facts and how parties draft settlement agreements to address the major legal concerns...
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10. Conflict Resolution for Small and Family Business - Collaborative Law and Supplier-Customer Dispute
February 20, 2014
Disagreements between companies and their suppliers, distributors or customers can often disturb a mutually beneficial arrangement. Neither party wants a prolonged, expensive legal dispute. Neither party wants the public to know about the dispute or the terms of the underlying contract. One alternat...
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