This lesson applies not just to judges, but also to attorneys and mediators. For judges, there is sometimes an eagerness to impress attorneys with their brilliant rulings. When they do this, however, they may forget to listen attentively to the attorney’s argument. This shows both disrespect and a lack of understanding of the attorney’s position. It may also prevent the judge from truly listening to parties’ different, possibly conflicting perspectives, which could help the judge make a more informed decision.
Attorneys, in their eagerness to ask a witness all the questions on their list, may forget to listen to the witness’s answers. Not only does this show disrespect and lack empathy to the witness, but it can also cause the attorney to miss critical facts that might need follow-up. When an attorney takes the time to really hear what a witness is saying, he or she may uncover a critical piece of evidence, something that changes the entire narrative.
When it comes to mediators, listening is even more essential for reaching resolution of a legal dispute. Only by truly listening to the parties’ different perspectives can the mediator gain the best understanding of the issues and unwritten dynamics of the conflict, which will help the parties reach a mutually acceptable resolution.
Our job as legal professionals – whether as judges, attorneys or mediators – is to help parties to legal disputes resolve their conflicts. Only by actively listening can we perform our work in a way that shows respect for others, fosters understanding and appreciation of different positions, and helps de-escalate tensions so that the conflicts can be fully resolved.

By Hon. Dalila C. Lyons (ret.)
Mediator/Arbitrator
signatureresolution.com
dlyons@signatureresolution.com

Please note that the author’s expressed opinions or perspectives are those of the author alone and may not be those of BlawgMine or of any employer, school, agency, organization with which the author may be affiliated.

www.EAGLawGroup.com