Valuing “Win-Win”

Win Win

People typically consider “win-win” as interchangeable with “ideal.”  Really, though, a winning outcome is one that’s best among your alternatives.

So, finality could put you in the win column when the offer outweighs the alternative of protracted (costly) litigation and the possibility/necessity of appeal. Certainty may, too, if the proposal beats the risks inherent in a decision-by-another.  Immediacy has its advantages, as well.  

Intangibles should also be factored in.  Decisions in mediation often involve quality-of-life decisions for yourself, your family, your workforce, etc.  They are personal judgment calls.  Your win may be the result that leaves you on your strongest, most capable footing.

The fact is, you dramatically increase your odds of achieving a win at the bargaining table when you embrace the notion that “better than,” rather than “best possible,” is a worthy aim.

About Maria Hanna Joseph

Maria Hanna Joseph is Principal of Joseph Mediation. Her 25 years of experience in employment law, include 16+ of work and mediating for the Massachusetts Commission Against Discrimination which through which she has gained valuable insight into the MCAD, its practices and decision making. This, as well as her experience in plaintiff and defense litigation, with private and public sector clients, international and local business concerns, and in issues from harassment and discrimination, to noncompetition agreements, business operation, transgender workplace matters, retaliation and many others, lend her valuable perspective for understanding and mediating an array of legal and personal issues. In terms of volume, Maria has served more than 2,000 cases. Maria's practice has been honed with study of mediation at Harvard Law School's Program of Instruction for Lawyers, negotiation at Harvard Law School's Program on Negotiation, and in the disciplines of Transformative Mediation and Family/Domestic Mediation, which are significant assets in managing the personal nature of employment disputes, and conflict in general. Attorneys and parties know Maria as candid, pragmatic and persevering in her commitment to help them achieve meaningful settlements while keeping sight of their most important interests. The insight and creativity afforded by her experience and training are realized in the resolutions that manifest. These qualities, along with her demeanor and the trust she engenders, have earned Maria a reputation for being able to manage highly tense and fraught situations and individuals, and settle a wide variety of disputes and tough cases.
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