As I mentioned in my introductory post, my vision for this blog focuses on three areas; dispute resolution (Peace); Music; and the connection between them (the Space Between). I thought it made sense to do a post for each of those elements talking about my background with them. Peace has top billing, so let's start there.
I've been involved in dispute resolution my entire adult life. My interest in becoming a lawyer started in high school, right about the time I realized I hated biology class and that any thoughts I may have had about medicine needed to be reexamined. I quickly became drawn to the law.
My thoughts were always on being a "courtroom lawyer" and though I didn't realize it at the time this was my entry into dispute resolution. I was preparing myself to be an intellectual gladiator, ready to take up the cause of my client, to use my mental skills to draw out the flaws in the opposing position and to use my powers of persuasion to convince the decision makers of the rightness of my client's cause.
When I actually became a lawyer and started to do the things I had dreamed of, it was thrilling beyond belief. I still remember the first time I ever questioned a witness in a court proceeding, over twenty years ago. Interestingly, it was also my first lesson in how the reality of the legal process deviated from the ideal. I had prepared the witness for his testimony, discussed the issues with him and figured out how to frame my questions so that his answers would support the arguments we were making, even trying out specific questions in critical areas. I reported back to the lead lawyer that the witness was ready and would help our arguments.
When the proceedings actually began, the lead lawyer questioned most of the witnesses. When we reached the point where my witness was testifying I began by leading him through the initial areas. We approached the critical questions and I was feeling good. We started to get into the real meat of his testimony and all of a sudden, he locked up on one of the critical questions. After a couple of moments of the deer in the headlights look, he finally spit out his answer. The only problem was, it was different from what we had discussed during our preparation. He wasn't changing his story deliberately, he just had one of those human moments where there was a short circuit between brain and mouth. I did my best to rehabilitate his testimony, but in the end, there was no bringing him back. Needless to say, the results of the proceeding were not in my client's favor.
Without realizing it, I had just received my first lesson in why cases settle and often for reasons that have nothing to do with the merits of the positions involved. Young lawyers quickly learn the differences between the idealized vision of the litigation process and the reality.
As I progressed through my legal career I learned through firsthand experience that most civil lawsuits get resolved without going to trial. I gained experience with negotiating with opposing parties to reach compromise and just as important, I gained experience with counseling my clients on the risks involved in litigation and the benefits of negotiating a resolution. At some point, after not being able to work out a solution directly, an opposing lawyer suggested we use a mediator. As I worked more and more through my career I discovered that this was a highly effective means of getting cases resolved. I learned that as long as all parties involved have a sincere desire to reach a settlement, the mediation process can resolve even the ugliest disputes.
As I gained more and more experience with the mediation process, I realized that it was a comfortable fit with my natural personality. In essence, I learned (over a long long time) that I was a born mediator. Now having finally and fully come to that realization I have begun to actively work towards incorporating that work into my career. I've reached the point where this isn't a dream or a wish anymore, it is a plan that is actually being set in motion and that is a very exciting process.
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