Further to my post below….
As a mediator, I see w-a-a-a-y too many lawyers play the bully card in joint session. I think it works against their clients’ interests. Here’s what I’ve observed:
· Most bullied lawyers just ignore it (so nothing is gained)
· Most bullied clients become further entrenched in their position, i.e., bullying pushes them away, rather than coaxing them to a position closer to yours (so an opportunity is lost)
· Everyone else in the room thinks you’re a pain in the derriere (so your ability to persuade is diminished)
None of these outcomes resulting from bullying tactics enhances your clients’ position, which is what they hired you to do. Mediation is a venue where you can show off your skills to your clients with whom you are spending the better part of a day. So show off your intelligence. Be positive, creative, deft, nuanced. Your clients will appreciate you all the more.
As a mediator, I see w-a-a-a-y too many lawyers play the bully card in joint session. I think it works against their clients’ interests. Here’s what I’ve observed:
· Most bullied lawyers just ignore it (so nothing is gained)
· Most bullied clients become further entrenched in their position, i.e., bullying pushes them away, rather than coaxing them to a position closer to yours (so an opportunity is lost)
· Everyone else in the room thinks you’re a pain in the derriere (so your ability to persuade is diminished)
None of these outcomes resulting from bullying tactics enhances your clients’ position, which is what they hired you to do. Mediation is a venue where you can show off your skills to your clients with whom you are spending the better part of a day. So show off your intelligence. Be positive, creative, deft, nuanced. Your clients will appreciate you all the more.
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