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Lack of Trust in the Iran Nuclear Deal

July 16, 2015

Certainly the stakes are high in the recently brokered Iran Nuclear Deal, now the subject of much debate and Monday Morning Quarterbacking.

(See, https://karpmediation.wordpress.com/2012/05/26/the-monday-morning-quarterback/ )

At bottom, the fear is that Iran will not live up to its end of the bargain and, with economic pressures lessened, Iran will perform an end-run to improve its position during the next ten years, increasing the risk, threat, or likelihood of terrorism, nuclear war, obliteration of Israel and the Western World, etc. etc.

On a much smaller scale, I see similarities here with the lack of trust among disputants in the mediations I conduct.

Such lack of trust is usually based upon prior conduct of the person perceived as not trustworthy.

For example, someone will argue: “He or she has breached our agreement before, what’s to prevent him or her from doing so again?”

“Well, it’s a risk, but what are the alternatives?”, I often ask.

(I think I heard President Obama voice the same sentiment.)

I also suggest sometimes that the settlement, once agreed in writing, can be enforced by the court in most circumstances, which is an improvement in the position of the parties and often makes the deal better than no deal.

I think the message in the Iran Nuclear Deal is, like a prior President famously suggested, “Trust but Verify.”

Or maybe it’s “Verify, Verify!”

Hopefully that is enough, but nevertheless, this is a hard sell for the President given the stakes.

Others think that a better deal could be struck. Maybe, but I’m skeptical:

With at least 17 consecutive days of intense negotiation, and with an acute awareness of the give and take of negotiation and compromise, maybe this is the best deal under the circumstances.

We will have to see what Congress does, although I perceive a lack of trust of Congress as well.

Maybe, when all is said and done, the Yiddish Proverb will carry the day:

A shlekhter sholem iz beser vi a guter krig.” (A bad peace is better than a good war.)

Just my thoughts on the subject….

***

David I. Karp is a full time independent mediator of real estate and business disputes in Southern California. His website is at http://karpmediation.com .

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