Brainstorming

In a mediation there can come a time when the parties seem unable to come up with new and untried options. This is a good time to try to brainstorm. We have rules for everything, and brainstorming is no exception. Brainstorming can be effective, and there is no need to take up too much time in this process. Rapid Ideation in brainstorming allows for a large number of ideas in a short amount of time. For Rapid Ideation, the parties need to be confident in pushing snap judgment or perceived deterrents into the background. Just let creative thought and impulsive ideas flow freely. If nothing else, the approach will assure the parties that options do exist and, more significantly, they are capable of creating such options.

Mediate don’t litigate.

Martin Rosenfeld, JD

Thinking Outside the Box/Martin Rosenfeld, JD

A.J. Baime of the Wall Street Journal recently wrote about a creative problem to a seemingly knotty dilemma.(“He Had a Will to Win Back His Classic MG”/May 22, 2019). Bruce MacCormack is 81 years old. In 2003, he sold his 1971 British-built MGB to Chet Kenoyer, age 64. In 2012, Mr. MacCormack missed owning the car in question, (a delayed example of seller’s remorse!) and called Mr. Kenoyer about buying back the car for the sales price that had been established 9 years earlier. In addition, the car would be left to Mr. Kenoyer in the will of Mr. MacCormack. Mr. Kenoyer said he would consider the offer, as he apparently did not drive the car too frequently. A few days later, Mr. Kenoyer received a check for the car (the original sales price of $9000), and a copy of the will containing language that he was to inherit the car upon Mr. MacCormack’s death. To sweeten the deal even further, Mr. Kenoyer has been told he might drive the car anytime he so chose. The parties are both quite happy, it seems, as to the manner in which they attained Win-Win.

When parties face an impasse, there are often a number of solutions to help them get to an accord. Sometimes the options are discovered by creative means. In mediations, as in negotiations, always be prepared to think outside of the box. Even a case of seller’s remorse can have an ending that suits both parties quite well. All you need is good-faith and a dose of creativity. Mediate don’t litigate.