The recent debacle over repealing and replacing Obamacare might have been avoided had the President and Congress applied these six best practices in mediation:
1. Stop the Clock. Trying to get House approval of the American Health Care Act on the anniversary of the signing of the Affordable Care Act ignored a central premise of mediation: No clock-watching. Setting a deadline might work as a negotiating tactic. But mediation isn’t negotiation. Reaching consensus among opposing parties takes time and patience, especially when hammering out a measure that needs majority approval. Imposing a cut-off date for passing such complicated legislation guaranteed failure.
