The Room Myth
My Monday x MorelloMediation post covered advantages of “being in the room” during negotiation. I see the room working best for what game theorists call iterative plays. When parties must deal with each other again.
It reminded me of a story Joe Peccorelo told me years ago:
He was on the management side of a contract negotiation with the Teamsters. It was day three. Or five. Or ten. It wasn’t going well. The union wasn’t budging, management was exasperated, and the lead negotiator for management (let’s call him Joe) was fed up.
That morning, the union and its lead negotiator (let’s call him Tony) were already seated, talking casually. Joe storms into the room and up to the table. He pulls out the keys to the company and tosses them at Tony. They land with a clank.
“You think you can run this company?!” Joe exclaims “You think you’ve got all the answers?! There!” he points “take the keys, its yours.”
(He used more colorful language, but LinkedIn is a family-friendly place).
Tony looks at Joe. Looks at the keys. Takes a beat.
He picks up the keys. They dangle in front of him. He lightly smacks them back on the table and slides them back over to Joe.
“Joe” Tony says, a sly smile crossing his face “I don’t want your company, you’ve got union problems.”
The union boys guffaw. Joe can’t help but crack a smile, then laugh. The rest of management follows suit. While still laughing, Joe sits. The tension fades. They get to work. The contract was finalized that day.
These moments don’t happen over Zoom.
But these moments are also a once-in-a-career myth.
They get passed on, retold, canonized. And the take-away, that parties who work together can benefit from being together, makes sense.
But they are an artifact of a specific ongoing relationship. Most matters I handle don’t involve repeat players.
The story of a terminated employee, a wage and hour class action, or a sexual harassment victim is not the story of Joe and Tony. It’s a story of two parties who never want to see each other again.
In those stories, distance is a feature, not a bug.
When do you want parties in the same room, and when do you keep them apart?
Firm Update:
Settlement season is wrapping up at Morello Law. Thus, Morello Mediation has opened quite a few new dates; including all of March 2026. Link in the comments for Q1/Q2 booking.
What I’m Listening To:
· Rafael Toral – Traveling Light
· Vince Guaraldi Trio – A Charlie Brown Christmas
It’s that time of year; the Guaraldi Trio won’t be denied. Toral is new to me, his is a great winter album (and yes, we have winter in San Diego).
Field Notes x Morello Mediation
None of this is legal advice. YMMV.