May 18, 2013

Will they do better with an adversarial approach?

Three businessmen talkingSome prefer an adversarial approach to doing business. They think they’ll do better if they have more room to maneuver at arms length; more opportunity to a present favorable message if they withhold information; more opportunity to attack and defend. Sometimes both sides in the same trading relationship say they want to go down this line.

They can hardly both be right.

I have some experience of commercial mediation… In almost every case, both litigating parties have been told by their advisers they have a 75% chance of winning in court. From the third party position, this looks a little ridiculous.

As Winston Churchill said with his usual ironical humor, “when making plans for war, it is sometimes necessary to take into account the actions of the enemy.”

Taking a more adversarial line may not be the pushover one might hope.