legal sanity

I’ve talked about the interplay of lawyering and emotions a few times. This article deals with a related topic: how emotions play a leading role in business mediations. The author states that disputes between business partners often resist mediated outcomes for “four common reasons” related to “very recognizable human emotions and perceptions.” Specifically, defying logic and practicality, one or both disputants may hold out for litigation because they: (1) fear making a mistake; (2) face bankruptcy and are willing to gamble on a slim chance of winning big; (3) fear that a “spouse or valued relationship will be angry or upset with [] a settlement;” and (4) “highly value negative emotions such as revenge or retribution.” The article goes on to detail ways of clearing these emotional roadblocks to successful mediation. However, the salient point that the piece underscores is that dispute resolution of any sort is an exercise in human emotions and human relations. Whatever hat we're wearing (mediator, negotiator or lawyer), we can’t expect to be effective or efficient conflict managers unless we’re willing to address the human side of the matter at the outset. People come to the table with more than a dry set of facts and damage calculations. They bring their stories, and histories, of relationships gone bad – with all the fear, sadness and anger that naturally attend such dissolutions.