The Power To…/Martin Rosenfeld, JD

Posted on December 24, 2018


As the 2018 political year reaches its “final resting place”, experts are weighing in. The US President has great power. Has President Trump used his power to build or has he used it to disrupt and/or destroy? I leave the answer to the reader. However, in all negotiations, parties have power to act or fail to act in various situations.

For those involved in disputes, the choice of whether or not to act, how to act, when to act, etc becomes critical. If you are going through a difficult dissolution matter, employment dispute, etc, you will have to decide how to leverage the power you wield. You may choose to use that power to destroy or disrupt. If that is the case, litigation is a good vehicle for your efforts. However, if you want to make positive and/or long-lasting changes, you will be better served in engaging in a mediation model. The choice is an easy one. Do you wish to destroy or disrupt or do you wish to pursue a paradigm of Win-Win? The advice here remains the same. mediate don;t litigate. The power to build will always trump the power to destroy.