A Short Olympic Post/Martin Rosenfeld, JD

Posted on August 17, 2016


The Olympics have had their share of stories that fall short of what we expect from a world event. But one moment will long be remembered. In a collision of two Olympic sprinters, Nikki Hamblin from New Zealand and American runner, Abbey D’Agostino fell to the ground in a tangled heap. Runners passed them by as the two Olympians struggled to regain their footing. Ms. D’Agostino was up first but noticed Ms. Hamblin in her prone position for some time. Very gently, Ms. D’Agostino lifted up her rival and said the following words: “Get up.Get up. We have to finish this.”

In divorce mediation, if a party senses that the search for Win-Win has become elusive, they will do well to remember the words “Get up. We have to finish this.” The laternative to a mediated agreement is a litigated one. Mediate don’t litigate. “Get up. Get up.”