Short Mediation Thought/Martin Rosenfeld, JD

Posted on January 19, 2016


When President Truman prepared to leave the White House, he mused that President Eisenhower, his successor, would not like the Presidential experience. Referring to President Eisenhower’s experience as General, President Truman said: “He will give orders but will be surprised when none of them are heeded.” If you have a controversy and want to have your “orders” carried out, try litigation. Chances are 50/50 that your pronouncements will be carried out in a Court order. However, that also means that the chances are 50/50 that they will be ignored. Mediation involves discussion, listening, and searching for Win-Win. It will require effort and respect for the process. But it will relieve you from the unhappy procedure whereby you bellow out orders only to see them totally ignored. No process can improve on the Win-Win model of mediation.

Mediate don’t litigate.