Creating New Mediated Options/Martin Rosenfeld, JD

It is rare that there will be only one option for a resolution of a dispute. The goal therefore is to find the option that both parties will embrace. The authors of “Getting to Yes” refer to this as “options for mutual gain”. An example of this would be the resolution to the Cuban missile crisis of 1962. The US found the presence of Russian missiles on Cuban territory to be an aggressive and illegal act. However, the Russians needed a face-saving device before it would agree to dismantle the weapons. The US suggested that it would dismantle its (obsolete) missiles on Turkish territory as a quid quo pro. In this manner, the Russians could explain to their citizens that they received the “prize” they wanted, and could therefore justify its decision to backtrack on the Cuban missiles.

Creating options:

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