
Many attorneys, fed
up with the aggressive, counter-productive roles they are expected to
play, have at long last found meaning as alternative dispute resolution
has become a popular way of resolving issues. Now, in the role of peacemakers,
we at last see our clients achieving true resolution of their legal-based
problems.
For me, providing these more conciliatory services brought my first positive
contribution through law. It was nearly 30 years ago that I selected law
as my profession. On a deep level, I was committed to serve humanity and
enhance the quality of life through law. A little over ten years later
I had lost any vision of such a purpose. I had litigated a high volume
of cases throughout many courts, and was considered highly successful
at being one up on my opponents. My clients loved that. The intense focus
and high energy level that arose from my legal commitment made me a powerhouse.
In fact, one opponent called me "the best-looking pit bull"
he'd ever seen!
Yet feelings of loss and depression followed my biggest trial wins. Despite
an enviable victory rate, I felt unsuccessful and depleted. It was as
if I perpetuated a system with little or no merit. I was deeply dissatisfied
with my participation in the legal system. My entry into a client's dispute
would actually invigorate it, not defuse it. Each attorney coming on board
in the case had a way of fueling the conflict. By the time we got to trial,
the vigor was grand and the dispute was totally out of proportion. So
were its costs.
Demolition, Not
Restoration
On the one hand,
my clients realized they had won the battle they began years earlier.
They achieved their goal. But the winning felt hollow. Getting there robbed
them of valuable resources: a wealth of precious time, energy and hard-earned
money. The legal arena swallows up these resources. The legal system depletes
energy and money without restoring them. Restoration isn't part of our
legal system, but demolition is.
Sounds a lot like
war, doesn't it?
Attorney Transformed
Alternative dispute
resolution came about just as I became thoroughly disenchanted with the
legal system. Its timing could not have been any more perfect. I clearly
saw litigation was not producing meaningful and lasting resolution for
disputants. It was one avenue toward resolution, but only as a last resort.
I began to work with clients in a completely different manner. Their legal
problems became issues that could be examined and managed in many different
ways.
My clients and I
began to sit down and examine every conceivable way to resolve their disputes.
We analyzed all potential solutions. Results were examined in terms of
time, money, and energy. Level-headedness and common sense became important
in deciding which course to take. In earlier years, I automatically directed
clients through the portals of the court system. Now I found myself pointing
them toward alternative methods to settle their disputes.
Empowerment Comes
with Alternative Dispute Resolution
In the late eighties
I became an arbitrator with the American Arbitration Association to help
terminate disputes on a larger scale. I have since worn the arbitrator
hat far more often than the litigator helmet. Upon completing extensive
training, I then became one of the first mediators in a field of law that
has now grown exponentially. Since then I have facilitated or been an
advocate participant in hundreds of mediations, the vast majority of which
resulted in settlement. After many years as a litigation gladiator, my
satisfaction from resolving disputes now tops the fulfillment charts.
Over this past 15
years, I feel like I am making a truly meaningful contribution to law
- and society. As is the case for many well-intentioned lawyers, my reason
for entering the profession was to assist others with legal crisis. But
it is impossible to tap any humanistic meaning from the adversarial nature
of litigation. My new solution-finding strategies have transformed my
practice from litigation to consultation. The many lawyers and their clients
disillusioned with the legal system can turn it around for themselves
with ADR. It's a brand new way of law with a brand new sense of fairness.
Now, with many alternatives
to litigation, clients respond with an entirely different demeanor. They
are interested in looking at all possibilities and are sometimes quite
enthusiastic about their range of options. Instead of feeling overwhelmed
and fearful, they feel in charge and ready to meet the challenge of meaningful
solution. Now, they choose to enter the doors to mediation and arbitration
far more often than climbing the courthouse steps. For them, the potential
burdens of the court system outweigh its benefits.
My shift to ADR and
adopting a flexibility in tailoring my services to meet client needs transformed
every aspect of my law practice. The level of satisfaction for my clients
and myself has increased a hundred fold. ADR tools and techniques and
job sharing with clients make it possible for me to offer my clients many
more options as legal solutions. Legal remedies now come in assortments.
I feel much more like a legal healer than a warrior - and it feels far,
far better. I feel that I am at last serving my purpose as a provider
of quality, humanitarian legal services.
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