Win-Win By the Numbers/Martin Rosenfeld, JD

Posted on September 5, 2020


The Program on Negotiation of Harvard University had a discussion on Win-Win at (August 22,2020). Win-Win is a concept that states that two parties, with seemingly different goals, could get to a point where they “won” on the points most important to them. The following example serves to bring this point home:

3. Different attitudes toward time.Negotiators often have different time horizons that enable wise tradeoffs. Suppose that two investors are interested in buying a business together. One is looking for quick returns, while the other can be more patient. They might reach a win-win agreement by agreeing that the less patient party will get a larger percentage of early returns in exchange for agreeing that the more patient party will earn a much larger share of returns down the road.”

It is indeed possible to achieve Win-Win. Indeed, when a mediation has a successful conclusion, Win-Win is the reason dispute resolution has been achieved. By making tradeoffs a reality, warring parties can both become a winner.