Divorce Mediation - The Orange: A Parable About Interest-Based Negotiation

By Robin Masson on Jun 01, 2017 in Divorce Mediation

Nick and Nora were separating and couldn’t agree upon who should get the orange. Since there was only one orange, it appeared that the “fair” solution (and the one most likely to be imposed if they were in court) would be for them to slice it in half, and each would get half an orange.

But that wasn’t totally satisfactory to either of them. Might an interest-based approach might yield a better result?

Nora was asked, “Why do you want this orange? What’s important about this orange to you?”

Nora replied, “I am making muffins, and I need the orange rind.”

Nick was asked, “Why do you want this orange? What’s important about this orange to you?"

Nick replied, “I’m thirsty, I want some juice.”

Now, it appeared that there was a way to get each of the parties more of what was important to them: Nora could have an entire orange’s worth of rind, while Nick could have an entire orange’s worth of juice. Each would have two times as much of what was important to them than he or she would have received under the traditional “fair” way of dividing assets.

Robin has helped me with personal legal matters ranging from adoption to real estate transactions over the last 6 years. I was impressed with her depth of knowledge and experience in the range of legal matters we worked with her on. I felt confident that Robin was not only giving us top notch legal advice but was also steering us towards options that worked for our family and made the process less stressful, while being efficient at the same time.
Michael Blakely-Armitage, Administrator
Ithaca Youth Bureau