In Spring 2000, before Super Tuesday, Governor George W. Bush and Senator John McCain entered into a debate. Governor Bush had been pressed to explain why he visited Bob Jones University in South Carolina, an institution known for its anti-Catholic sentiments. Bush addressed the controversy by saying,”I make no excuses. I make no excuses.” This response was deemed a sufficient statement of remorse, and the issue was deemed closed. In time, Governor Bush became President Bush, our 43rd President.
In mediation theory, we we focus on a party’s interests and not their stated positions. A party may presumably be seeking a financial recovery or benefit. While this is their position, their interest may well be something far less tangible; i.e. respect, dignity, assurance, etc. There are times where heartfelt words are “good enough” to bring a dispute to a proper resolution. Mediate don’t litigate.
***Listen to Martin Rosenfeld on the impact of an apology***