When It’s Time to Move On/ Martin Rosenfeld, JD

Posted on August 3, 2014


A Florida attorney, Cindy Bishop, recently wrote a short piece on 5 mediation “secrets” at http://www.floridatoday.com/story/money/business/2014/07/28/edge-five-mediation-secrets-can-change-life/13305671/. The secret that is most interesting to me, as a reader, is the idea that when a mediation ends it is time to “move on”. The need for closure is great with parties engaged in litigation. A trial will not necessarily allow a party to move on. In the worst-case scenario, both parties may not be ready to move on after the case has been decided. In a successful mediation, parties have been heard, parties have listened, options have been examined, and moving on is indeed a real possibility.

I heard an interview with President Harry Truman on a TV documentary. Mr. Truman was asked what happened the night after he made the decision to drop the Atom bomb on Japan. The President indicated that he had an uninterrupted night’s sleep. The plan has been so researched, so debated, and properly decided; there was nothing more to do. Good preparation can lead to successful closure. One needs to ask where successful preparation is more likely to occur; in litigation or in mediation. We all have a need to move on from difficult periods in our life. Mediation makes such a possibility a likely outcome. Mediate don’t litigate.

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