The mediation has barely started.
30 minutes in, I can already see where it's heading.
One lawyer came in aggressively.
Interrupting. Trying to control everything.
Dictating to the other side the way forward.
Explaining again why the law was clearly on their side.
A barrister or lawyer thinks that if they push harder to prove they're right, the other side will move to their way of thinking, and the matter will settle.
But generally, the opposite happens.
The other side stops listening.
They stop moving.
People dig in.
The mediation gets stuck.
Hours pass.
Clients pay for deadlock.
The settlement that might have been possible disappears.
This is where many very capable barristers and lawyers get stuck.
High-achieving barristers and lawyers do what they were trained to do.
Argue harder.
Defend their position.
Threaten consequences.
Escalate pressure with known risks.
Rely on seniority and experience.
Leaders do something different.
They influence.
Both may be brilliant technical lawyers.
But only one can lead forceful people in mediation toward a desired outcome, without force, micromanagement, aggression or threats of consequences.
As a mediator, it becomes clear very quickly which lawyers escalate pressure and which lawyers influence others to move forward.
Lawyers are trained to be adversarial and argue.
Influence isn't part of that training.
That's one of the things I'll be working through in the 'Leaders Influence' workshop with lawyers and barristers next week.
Details and to register HERE