Starting Anew/Martin Rosenfeld,JD

Posted on April 15, 2018


Joann Lublin penned an article for the Wall Street Journal (April 12, 2018) on how top managers bounce back after being dismissed from a previous position. A study by G. H. Smart & Co. found that nearly 25% of current executives had been dismissed at least one time. It has been theorized that people who rebound from such setbacks tend to be those who “own their mistakes” and do not blame others for the failure. Mr. William Amelio, CEO of Avnet, Inc. stated that “It’s how you recover from a job loss that really builds your character.”

A mediator needs to help the parties avoid the trap of stating that the problem that exists is solely the responsibility of “the other party”. By taking ownership over the instant problem, fully or in part, a party is in a position to learn the lessons that present themselves and then prepare for future opportunities. A setback may indeed be the end of a chapter but it need not be the end of the book. Yet another example of how civil discourse, facilitated by the mediation process, can help parties go on and plan for a brighter and more productive future. Litigation will not be able to achieve similar results.