Mediation and the Art of War
| By Roger Thadd | Category: Gulf War
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.
Gen Wright
http://www.articlesbase.com/national,-state,-local-articles/mediation-and-the-art-of-war-689601.html
No related posts.
No related posts.
Mediation?!?
I was ordered to mediation with my ex-husband on may 29th, everything went smoothly and he agreed to everything i wanted. he had 10 days to email me with a schedule of visits for my child, and has failed to do so. So NOW WHAT!? we were explained that the mediation is a legal binding contract and if not adhered to would be null and void…. he didn’t have to agree to anything so i don’t understand why he wouldnt just say he disagrees and we would fight it out in court. So what the heck; that can’t possibly help him get everyother weekend unsupervised if hes going back on his word before he even sees her! Anyone know the legalities of broken mediation contracts?!
it was signed by both my ex-husband and i and was explained that it is a legal binding contract and that a copy will go to the judge that ordered the mediation.
and there is no agreeing amicalby; he wants what he wants after not havin sh*t to do with her the last 6 years so no… he’s not getting that; (unsupervised) i asked for a 90 day reintroduction with social worker supervision and then 90 days supervised by his mother… is that so difficult? she’s 6 years old and i refuse to leave her with someone for the weekend that she has no idea who he is. just because he’s "dad" i might as well drop her off 3 doors down and tell her she has to stay there the weekend cuz his names "jim" either way its’ the same in her 6 year old mind.
the new visitation schedule was written up and signed by both my ex-husband and I. It was detailed as to how the visitations were going to go… and he agreed and signed everything…. so……wth!
It was never signed, therefore, it’s not valid. We went through this many times with my husband’s ex gf. She kept agreeing yet each time it’d come time, she’d never sign it. Never sent back anything stating what she wanted changed. What we had to do was threaten to stand in front of a judge instead. And we told her that if she didn’t agree or attempt to make any agreements, then a judge would decide what was best for my stepdaughter and not her own parents. That hit her a little more.
However, it took us FOUR attempts until an agreement was made. To be honest with you, would you sign something if you second guessed yourself after the fact?? Especially when it’s your CHILDREN we’re talking about? I’m sure you’d stop, think, rethink, and then decide. Maybe after he agreed with you, he realized he wanted more or wanted changes.
Bottom line is that there is nothing you can do if he doesn’t agree on paper. Until he signs the dotted line, it’s null and void. And you’ll either need to try again or you’ll need to say “forget it, I’ll see you in court”. And stand your ground.
Custody cases suck! They really do! I wish you two the best and hope you can agree amicably on your children!
** ADD **
Was it stamped by the courts to make it offical? If so, then of course, take him back to court for contempt. Whether it was done in mediation or whether you stood in front fo a judge, a court order was issued for what you two are supposed to follow in terms of what was decided. Go buy a composition book and start documenting. Sounds like you’ll have quite the case on him.
Keep a journal. Document dates, times, who was a witness if any, what was said or not said, what was supposed to be done and not. And then keep up with it. Send him a certified letter US Mail with a return receipt requesting the information again. So when you do take him back to court, and he says he didn’t get it, you can get him double for lying in court and for lying in general which a judge won’t think too highly of. Sadly, it’s a game and you need to play the right way so that you can get him and STOP the games.
Best of luck!!
References :
personal experience
File a motion with the Court stating the facts you just told us and it would be a
"Contempt to fail to follow through with conditions of mediation regarding visitation schedule with minor children."
Even if it wasn’t signed this will force the Court to schedule a hearing on it and then you can have the judge compel him to sign the agreement at the hearing so he can’t keep disappearing!!!!
Call a lawyer if need be.
Hope I helped.
References :
First of all.. fact is he never has to go through with visitations at all..ever if he doesnt want to.. the court cant force him to see your daughter.. so now its a "waiting" game..if he wants her, he needs to get the ball rolling and write up a schedule.. it cant back fire on u, only on him for not doing what he was suppose to do.. now when he gets around to wanting to be a parent when its "convient" to him.. more then likely he’ll send u something prior to court.. either way the ball is in his court and u dont have to agree to anything now because he waited longer then the 10 days ..and can force it to be delt with in the courts.. Im really surprised that if there was an agreement done in mediation that u both didnt just come up with a plan right then and have it signed, but its not a huge deal just have it taken infront of the judge and it will be signed and sealed there..
References :