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.

Displaying 11 to 20 of 37 articles < Back | Next > Pages: 1 2 3 4  Articles by Jeffrey Fink  11. How to Choose a Mediator January 19, 2014 When you go looking for a mediator, you are likely to find a few basic types competing to provide you services. Many litigators like using retired judges. It helps the lawyers to have someone else push their clients toward settlement. These people know the law and every trick the lawyers mig... 12. How to Negotiate With Your Boss - Lessons from The Art of War January 10, 2014 Most of us have had difficult bosses at some point in our lives, or at least good bosses who have had difficult moments. We have been kept in the dark about the larger context of our actions, sacrificed as pawns in political games, set in unnecessary battles with co-workers, asked to do nonsensical ... 13. How to Negotiate Like a Kung Fu Master: Duck! December 13, 2013 It is good not to get hit. If someone punches at a kung fu master, the master has many choices. He can block the punch, redirect it so its energy is harmlessly dissipated, strike back at the same time he is protecting himself, trap the punch momentarily while he lashes out with a kick, lock ... 14. Cognitive Bias in Mediation -- The Endowment Effect November 14, 2013 People tend to process information through some of the same filters over and over again. We call these filters "cognitive biases." They are hardwired into our brains. One of these biases is called the "endowment effect": once people have something, it becomes magically endowed with a sense of ... 15. Negotiation Like a Kung Fu Master: Snakes Versus Cranes November 13, 2013 In the famous Shaolin five animal-five element system, the way a person’s body moves and his or her innate approach to conflict drift toward certain of the animal archetypes. People are leopards, snakes, tigers, cranes and dragons in different measures. Each animal is associated with one of the fiv... 16. Kung Fu Tactics in Negotiation: Using Hard and Soft Techniques October 21, 2013 We Americans are raised in a culture that values directness and aggression. As a result, most of us have a hard time grasping one of the great negotiating skills: softness and strategic yielding. While difficult to master, it can be disarming and effective. In his forward to Yang Chengfu’... 17. Understanding the Terms Of A Confidentiality Agreement Or Nondisclosure Agreement October 16, 2013 Everyone wants to keep private information private. Businesses want to keep their confidential information confidential. Yet the nature of our commercial world means that people and businesses must disclose this kind of information from time to time. To protect sensitive information, people can sign... 18. The Dragon of Weakness: Turning Limitations into Strength October 04, 2013 Did you know that Bruce Lee was nearsighted? He started off studying a martial art that specializes in close-in combat, Wing Chun, so he could keep fighting even if he lost a contact lens. Since one of his legs was shorter than the other, he often kicked with the longer leg to extend his reach. Si... 19. Conflict Resolution for Small and Family Business--Arbitrating Supplier-Customer Disputes October 02, 2013 When companies have disagreements with suppliers, distributors or customers, it often disturbs a mutually beneficial arrangement. Neither party wants a prolonged, expensive legal dispute. Neither party wants the public, or other customers and suppliers, to know about the dispute or the terms of th... 20. Kung Fu Negotiation: Double-Secret Tai Chi Skills September 19, 2013 Here’s a martial arts secret that is not so secret: each movement in a form can have more than one application. In Tai Chi, for instance, it is said that each movement has at least four applications: a block, a strike, a joint lock and a throw. Take the famous “Wave Hands Like Clouds,” for e... < Back | Next > Pages: 1 2 3 4

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