In Mediation, Let Vulnerability Be Your Sword and Honesty Your Shield
The language of litigation is conflict. “Complaint,” “Answer,” and “Affirmative defenses.” We prosecute a claim. We defend a client. We argue, and argue, and argue. So, it is not surprising that after months or years of fighting, it is often difficult to set aside our differences and find common ground to sign a declaration of peace.
The question I’ve asked myself over the years is whether that really is the best approach to litigation. And even if the battle analogy is appropriate to the reality, does the same hold true for mediation when you come together with your opponent and, working with a third-party neutral, try to agree on a solution? I think not...