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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 |
21. That's Not Fair
September 13, 2013
How many times have you heard the phrase, "That's not fair?"
When one of my teenage children says it, it can mean many different things:
- "I'm not getting everything I want."
- "I'm not getting exactly the same thing as my sister."
- "You're treating me differently than you ...
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22. Arbitration Fairness Act- The 2013 Version
September 06, 2013
Anthropologists tell us that laws and dispute resolution procedures work only if people believe in their underpinnings. Otherwise, forcing people into them actually undermines the system. They give the example of trial by ordeal, a system based on the belief that God would decide the outcome based o...
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23. Piercing the Corporate Veil in a Limited Liability Company
September 01, 2013
Corporations, limited liability companies and limited partnerships are all entities created by statute to limit the liability of owners to the amount of their investments. Although corporations have received bad press recently because of politicians and certain Supreme Court justices taking the idea...
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24. Kung Fu Negotiation: Staying Centered With the Art of Ba Gua Chang
August 15, 2013
Translated literally as "Eight Trigrams Palm," the martial art of Ba Gua Chang is traditionally only taught to students who have first achieved a black belt in another discipline. It is said that anyone can learn the art of Taiji; one in 50 can learn the art of Xing Yi, another internal style; and ...
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25. Cognitive Bias in Mediation: Fundamental Attribution Error
August 15, 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 particularly strong bias is called "fundamental attribution error." When something good happens, we tend to overestimate th...
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26. Cognitive Bias in Arbitration: The Curse of Knowledge
August 12, 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 "Curse of Knowledge": the tendency to overvalue information that we already know when making ...
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27. Kung Fu Negotiation: Hit With the Ground
August 01, 2013
Xing Yi stylists are taught to "hit with the ground." Chen Style Tai Chi practitioners learn to "punch with the feet." The point is the same: maximum grounding at the point of contact, transferred seamlessly to the striking point, so the power of the punch does more than push the puncher off his fe...
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28. Cognitive Bias in Mediation: The Backfire Effect
July 29, 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 "Backfire Effect." People look for patterns in evidence so the world does not become a strin...
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29. Mediating Modifications Under The New Massachusetts Child Support Guidelines
July 27, 2013
As of August 1, 2013, Massachusetts will have new guidelines for calculating child support payments for the first time since 2009. There are many clarifications and changes. Some are minor, while others represent new or modified provisions. At the same time, based on a decision by the Supreme Judici...
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30. Kung Fu Negotiation: The Iron Palm
July 18, 2013
One of the great legends of the martial arts is of people who can go beyond breaking boards with their hands. Stories tell that these people can break bricks or rocks. For some reason, a persistent story revolves around breaking coconuts. The legends extend to other body parts. “Iron arms” ...
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