A Prime Minister Speaks on ADR/Martin Rosenfeld, JD

Posted on June 28, 2020

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An article penned by the Harvard Program on Negotiation (found at https://www.pon.harvard.edu/daily/international-negotiation-daily/international-negotiations-and-conflict-tony-blairs-10-principles-for-dispute-resolution-negotiations/) discusses the negotiation style of former UK Prime Minister Tony Blair. Of particular note is the following idea:

“Because the two sides in a lingering dispute have difficulty seeing each other’s pain, conflict resolution is best viewed as a journey rather than an event, writes Blair. As a result, negotiators may need to include enough time for parties to air their grievances about the past.”

We often contrast litigation and mediation.Litigation is indeed an event; a traumatic one for all concerned, who are not attorneys. Mediation is a journey. It will not heal all wounds but it will not create new ones. Win-Win is humne; nothing in the litigation sphere could get such a description. Mr. Blair is correct. If you are prepared to take a reparative journey, mediation is for you. Mediate don’t litigate.