That Which is Possible/Martin Rosenfeld, JD

Posted on August 5, 2017


The New York Times, in a recent editorial, wrote this about the Trump Presidency: “… (P)olitics is not “The Art of the Deal,” but the art of the possible.” There is often not only one definitive solution to a particular problem. The parties themselves need to search for a solution which is consistent with their needs and their temperaments. In a mediation, what are the two parties trying to accomplish? It is the goal of finding a solution that is possible because the parties can sign onto the proposal. It is not a deal. it is that which is possible and which can be embraced by parties who otherwise have different positions and different flash points. Mediation therefore is not aimed at getting the “Deal”. It is getting to that point of agreement and consensus where mutual needs are met and where dignity has been allowed to prevail. This is what the art of mediation has long called….Win-Win.

Mediate don’t litigate.