MEDIATION AND THE ART OF WAR

Want to publish news and articles on this website for more links, traffic and greater exposure? Use our article submission service. If you wish to see your article in Google News, try out our press release distribution service. Latest Breaking News - Law - Viewing: Mediation and the Art of War Wednesday, December 17, 2008 Twenty-five decades ago, the most instrumental book on warfare was written. The author, Sun Tzu successfully conquered his enemies for decades using the tactics and principles he described in his book, The Art of War. Napoleon waged war on all of Europe only to be defeated when he strayed from the book’s principles, and even General Schwarzkopf seemed to find much of his basic strategy for the first Gulf War in the guide. The Art of War The book, penned by a general with tremendous knowledge and success is combat, is powerful and has proven itself many times over. What the Art of War is lacking, however, is the sort of morality and ethics we might look for in a general today. According to Sun Zu, the self-interest of the king and kingdom were most important and treachery and deceit were only two additional weapons to be used in the course of war as necessary. When examined on this level, it would be easy to dismiss the book as a sound basis for legal practice today. After all, lawyers have a bad enough reputation without openly embracing deceit and treachery. But digging deeper into the book reveals that winning at all costs is not the message Sun Tzu was making. Indeed, according to the ancient general, “"[T]he true object of war is peace." Rapid Resolutions He goes on to explain that when engaged in the battle, the goal of the general and army is to end the fray as quickly as possible. "In all history, there is no instance of a country having benefited from prolonged warfare. Only one who knows the disastrous effects of a long war can realize the supreme importance of rapidly bringing it to a close.” This rationale flies in the face of most legal proceedings today. Many lawyers drag battles on in the court room hoping to gain ground against the opposition. The longer the battle wages, however, the more harm comes to all parties. The goal of a battle is not to win at all costs; it is to win as quickly as possible in order to restore peace. Modern Mediation The practice of mediation is much like Sun Tzu’s version of battle. Sun Tzu emphasized preparing for battle by trying to avoid it. "To fight and conquer in all your battles is not supreme excellence; supreme excellence consists in breaking the enemy’s resistance without fighting." He also observes, "To begin by bluster, but afterward to take fright at the enemy’s numbers, shows a supreme lack of intelligence." In courthouses across America, lawyers are blustering on client’s behalf trying for the win, even against all odds. But as Tzu observes, when faced with an unconquerable enemy, success may entail minimizing your losses. In employment mediation there is not a battle to the death. There is only the struggle between two parties to resolve the conflict quickly to reduce all costs both financial and emotional in pursuit of the final goal – restored peace. Sarah Grimes writes for publications in the southern California area and has written information on Orange County mediation as well as Los Angeles mediation. Note: You are free to reprint this article as long as the text links remain intact. Article Views: 62

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