How To Get Gladiators To Collaborate

Trial attorneys are trained as gladiators. Each side presents their evidence in the light most favorable to them and the system depends on skillful cross-examination to expose the weaknesses, the puffery, the exaggerations to dim that "most favorable light" to a wattage that more closely resembles "normal light" that reflects the truth. Trials have their place, but represent the most costly, time consuming method known to humans to resolve disputes.

Most people resolve their differences by open, frank discussion aimed at finding a path to resolution of the dispute and restoration of friendly relations going forward. But, how does one go about getting trained, paid gladiators to sheath their swords and sit around a table to find a mutually satisfactory resolution of their clients' differences? After all, to keep their client satisfied, isn't the gladiator required to brandish the sword, flex the muscle, show confidence, and pour out facts that show only their client can be right?

Finding the path to resolution is a process. Different tactics work in different circumstances on different gladiators. Stay tuned as we discuss these in future posts.

By: Ken Wooten, Mediator, Ken Wooten Dispute Resolutions, 145 Dylan Lane, New Bern, NC 28562