1st and 10

By: Raul Romaguera
Florida Supreme Court Certified Circuit Civil Mediator
Florida Supreme Court Qualified Arbitrator

Football season is here! There are many, many life lessons in the game of football that can be applied to life, love, and business. I was thinking they are equally applicable to mediation.

They say football is a game of inches. Mediation can be as well and what seems like a third and long can either end up in a conversion or a stalled drive. Sometimes you just put the ball in the best player’s hand and hope for the best. If you’re not the best player, don’t hold the ball; otherwise, you might have to make a play that you’re unable to make.

All attorneys, by nature, have an ego and think they are the best player. In fact, they want to hold the ball, even though it may not be in the best interest of the team. In the end, performing well does not always lead to victory and defining victory can be somewhat vague in mediation. Often times you hear mediators say that in the end, both parties may not end up where they want to be, both sides may end up being a little unhappy. Whether you win or lose by a last-minute field goal or two touchdowns, you must play the game. That is not to say that a blowout win is impossible. Neither is a blowout loss. Much of this depends on outside factors such as those stubborn little things called facts. In the end, facts can determine what side of the field you’re on, and the down and distance.

As lawyers, while you might be able to brilliantly argue the facts of your case, ultimately a judge or a jury panel will decide what those are. Sometimes those facts can lead to a go-ahead touchdown; other times, those facts can lead to a game winning field goal. Disastrously, sometimes those facts result in a turnover or worse yet a pick six; but in the end, you’ve got to play the game. Mediation allows you to play the game and avoid a win-loss record. Think of it as a pre-season game.