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Philip Mediation Newsletter (February 2020)
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In this Issue:

Article: Leading With Trust
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Contact: 
 
Sasha S. Philip
(425) 298-7839
Sasha@PhilipMediation.com

Tip of the Day: 

"It is time for us to turn to each other, not on each other."
(Rev. Jesse Jackson)
Leading With Trust
(by Sasha S. Philip)
 
Just last week, an attorney told me that their litigation strategy is to “lead with trust and see what happens”.
 
I watched this strategy play out in a hearing over which I was to preside as the arbitrator. When opposing counsel arrived, the attorney asked to meet with their counterpart while I waited for a few minutes. The two attorneys had a private conversation, then reentered the room after clearly having had a productive and collegial conversation. They stipulated to a delay of the proceedings until they could gather further information and properly prepare their respective cases for arbitration.
 
In an era in which civil dialogue seems to be increasingly difficult to find anywhere, this was a remarkably refreshing experience. Although the two attorneys’ perspective on both the facts and the law may differ, that did not preclude them from acting like the colleagues they are.
 
Those of you who read my newsletter or follow my blog know that I have written about the “Prisoner’s Dilemma” and its corollary winning strategy of “Generous Tit for Tat” previously. Here it is in action: Lead with trust and see what happens.

If trust is reciprocated, our own experience of – and more importantly, our clients’ faith in – the legal system as a robust and functional dispute resolution mechanism is strengthened. As an added benefit, attorneys may enjoy their interactions with their colleagues, rather than dreading them as adversaries, and can focus on the singular pleasure of debating the law.
 
Although I am no longer a practicing litigator, I remain a member of an ancient and noble profession. Interactions such as the one I observed in this arbitration hearing make me proud to be an attorney. More importantly, they give me hope that our professional spirit of collegiality and collaboration will always prevail.

 Dispute Resolution News & Events

  • Podcast: "Can I Change Your Mind?" (BBC Analysis)
     
  • Northwest Dispute Resolution Conference: Due to circumstances beyond the planning committee's control, there will not be a NW DR Conference this year. However, we fully expect to be able to provide a robust conference in 2021. In the interim, the WSBA ADR Section's executive committee is in the process of planning a one-day program on the topic of "Developing Practices in Mediation and Arbitration" on April 30, 2020, which we hope will bridge the gap.
 
I bought an empty cargo van! The idea is to turn it into a camper van for weekends and vacations. Unfortunately, a week after it was delivered, the engine shut down while I was driving. That was scary, to say the least. Two weeks, two repair shops, and a new engine wiring harness and electronic control module later, it is back in my driveway, finally ready for some interior work - flooring, insulation, electrical, cabinetry, etc. Wish me luck! 
Sasha S. Philip is the owner and founder of Philip Mediation, providing dispute resolution and conflict management services to clients in the Pacific Northwest. When she is not conducting a mediation or arbitration, coaching mediation students, or lecturing at one of Seattle's law schools, you will find Sasha singing with the Seattle Symphony Chorale, spending time with her spouse and her animals, cooking, gardening, and camping.

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