Attorneys benefit from a unique educational experience that trains us to look at problems and challenges from all sides. We learn to think like lawyers, being able to examine issues dispassionately, seeking to find solutions for the benefit of our clients no matter what side of a dispute we are on. In fact, when representing a client, we frequently try and consider what the opposition would do to defeat us as a method of planning our strategy.

However, in the world of litigation, this broader “two-sided” view of issues and disputes, while helpful, is frequently only one tool used by attorneys. Litigators are, by definition, advocates, and when it comes to trials, mediations and arbitrations, their job is to steer the proceeding or discussion to a view of the dispute that puts their client in the most favorable light possible.

Importantly, the ability to view both sides of an issue returns to the fore when a lawyer moves from the position of advocate to becoming a “neutral” – as a judicial officer, arbitrator or mediator. Making this transition – moving back to the mindset of taking a holistic view of a problem – requires a conscious effort to shed the sword of advocacy for the cloak of neutrality. Neutrality after years of advocacy means accepting the challenge of taking a fresh look at issues that are presented and disputes which require resolution.

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