Resolution Strategies | A Monthly E-Newsletter


In June of 1894, amidst a deepening economic crisis, railroad employees staged a strike against the Pullman Palace Car Company to protest wage cuts and the firing of union representatives. Within days, members of the American Railway Union joined the “Pullman Strike” nationwide. When the U.S. government was asked to intervene, President Grover Cleveland dispatched federal troops and — after much rioting and bloodshed, including 30 deaths — the strike ended. Just six days later, fearing further conflict and hoping for a reconciliation with organized labor, Congress unanimously — ah, the good old days! — passed legislation which declared the first Monday in September to be “Labor Day.”  


I’ve been a fan of Mission: Impossible — first the television series, including its remake in the ’80s, and now the movie franchise starring and produced by Tom Cruise — since the day it first aired on September 17, 1966. With “Mission: Impossible — Fallout” having opened this past weekend, what better time to revisit and update the August 2015 edition of Resolution Strategies . . .

“Good morning, Mr. Siegal:  


As a mediator, I’ve discovered a truth that wasn’t really self-evident during my years as a litigator. Over the past ten years, I’ve repeatedly observed plaintiffs and defendants allow their negotiating strategy to be dictated by the other side. If one side presents a demand or offer deemed unreasonable, the other invariably counters with an offer or demand intending it to be equally unreasonable, inevitably leading to a series of tit-for-tat moves that make resolution more difficult. To prevent this scenario, consider declaring your independence from “reactive” negotiation.  

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