Your Own Facts/Martin Rosenfeld, JD

Posted on December 19, 2020


The late Senator Patrick Moynihan of NY is often quoted about the impact of truth. Specifically, he said: “You are entitled to your own opinion, but you are not entitled to your own facts.” As the current Administration comes to an end, this is of timely import. However, it relates to mediation process as well. the parties can dicker about their own opinions. Nevertheless, they need to know that only one set of facts controls their discussion. At times the parties disagree because they are working with different sets of facts. It is incumbent to try to get the agreement on what the facts are. if that is not easy, a discussion on how to get to the facts may be in order. It is not uncommon for parties to have differing opinions. That can be worked on. But there is no way to accept parties working with facts that are in conflict. The pursuit of truth is always a noble enterprise. Mediate but do not litigate.