Remember Monica?/Martin Rosenfeld, JD

Posted on March 10, 2018


Abby Ellin wrote about Monica Lewinsky in the WSJ of March 10, 2018. She wrote as a follow-up to a recent article written by Ms. Lewinsky for the current issue of Vanity Fair. In that article, Ms. Lewinsky accuses former President Clinton of “gross abuse of power” for his treatment of her. To this assertion, Ms. Ellin is in agreement. What she suggests is that it is high time for the ex-President to issue a formal apology. An apology would show that Mr. Clinton understands the role of humility. The apology would represent “human decency and righting old wrongs.”

The power of an apology, and humility as well, in a mediation would be of inestimable value. People are kindly disposed to acts of sincerity and contrition. And who can argue for the need to “right old wrongs.” Litigation does not lead to apologies or humility. Mediation can indeed lead to such activity. It is yet another reason to “mediate and not litigate”.