Bar Bulletin

Bar Bulletin

In Mediation, Let Vulnerability Be Your Sword and Honesty Your Shield

January 2023 Bar Bulletin

 

 

 

By Eric Gillett

When I was a young attorney, my mentors taught me that litigation was intellectual warfare. I needed to prepare for battle. Litigation was a chess match where pawns were exchanged and every move was to protect the King, that being your client. Before heading off to a hearing, one senior partner loved to say, “return with your shield or on it.”1

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...

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