Who Won?/Martin Rosenfeld

Posted on November 7, 2013


I saw a comment about mediation that is powerful in its simplicity. In mediation there are no winners nor losers. Everybody enters into a contest with the hope that they will win. They often have no thought that they might lose. The mediation process allows for a safe transaction. You enter into it knowing you will not lose. You will also not win. You merely need to articulate your needs and strive for a very attainable Win-Win situation. It is refreshing to know that you do not have to enter into this process with the uncertainty of the outcome.

It is perhaps the beauty of the concept of Win-Win that a party gets to be declared the “winner” because they helped the other party likewise achieve what they need to be declared a winner. Two winners and no losers; with odds like that you wonder why the whole of humanity has not bought into the process of mediation. Mediate don’t litigate.