Alternative Dispute Resolution
Aug. 28, 2014
Understand the physics of settlement negotiations
In mediation, many different factors create "power" and "torque." But it's not always the case that those lead to "work," which we could analogize to a settlement.
In the course of a difficult mediation, phrases like "We can't seem to get any traction," or "No amount of arm-twisting seems to help in this case" get tossed around. I was thinking about these when I was reading an article about the difference between torque and horsepower. For those of you who don't know, "horsepower" measures force; "torque" describes force over time. In plain terms, it's the twisting force that transforms force into work. A good example is using a wrench to tighten o...
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