If Litigation is War, are Mediators Pacifists?
From Ron Coleman's Likelihood of Confusion we read that Litigation is the Continuation of Business by Other Means.
"Trials and legal proceedings in courtrooms play out as a battle of words and wills," writes Ron.
In Litigation Is War, a new book published by West Legalworks™, Frederick L. Whitmer suggests that the winners in litigation also may be determined by who best applies the fundamental principles of military strategy. …Inspired by the strategic philosophy of Carl von Clausewitz’s On War, as well as his famous quote that “war is merely the continuation of policy by other means,” Whitmer explores litigation strategy-based principles rooted in Clausewitz’s military strategy.
Many mediators see themselves as "peacemakers," particularly those litigation-weary mid-life attorney-mediators who have grown cynical and dispirited by the daily mud-slogging, troop-deprived, bicker-battling that even (or particularly) high-stakes litigation can descend to.
Some of us see ourselves simply as negotiators and strategists -- people who can advise, coach, importune, shutter, sway and sometimes rock 'n roll the parties into a better resolution by way of agreement than they could ever achieve by way of suit.
But don't mistake us for peaceniks. We understand the uses of power and are often dismayed that one side has failed to deploy a sufficient number of battleships or the right type of troops to justify the concessions demanded.
No. Mediators are not pacifists. At our best, we are diplomats, wise to the ways of war and familiar with the battlefields' terrain. Eager to listen for the needs and fears lying just below the surface of the parties' positions. Here to help.
