Fairness V. Strength/Martin Rosenfeld, JD

Posted on April 9, 2016

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A columnist recently opined that in his search for the Republican presidential nomination, Donald Trump will need to decide what he wishes to accomplish. Will he pursue the right to be the nominee on the basis of his political “strength” or on the basis of the doctrine of “fairness”. When I read the article, I made a connection between this analysis and the process of mediation. Does a party in a dispute wish to obtain what he wishes to obtain through force or through attaining a modicum of fairness. If you wish to rely on strength, you may wish to litigate. Two parties, two hired guns, and may the best man win. If fairness is your goal, there is no option better than the Win-Win paradigm of mediation. The choice is a stark one. Which option will truly make you feel better for the rest of your life. I would suggest that the “smart money” is on the side of fairness. Mediate don’t litigate.

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