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.

Interests V. Positions/Martin Rosenfeld,JD

Bruce Patton is a co-author of “Getting to Yes: Negotiating Agreements Without Giving In”. Mr. Patton describes the typical negotiation as follows: strong demand, counter-claim, and concession. The agreement involves, often enough, splitting the difference. If there is no agreement, there is an impasse. The alternative is the model we know as Win-Win. The model instead provides the following:

-A problem-solving atmosphere where options are brainstormed;

-No demands or threats; and

-A mutual exploration of interests of all. This includes needs, hopes, and concerns.

Which model sounds better to you?

POSITIONS V. INTERESTS/Martin Rosenfeld

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