The Truth is Irrelevant (all the time, not just in ADR Services)

TRUTH IS IRRELEVANT

All the time. Not just for mediators, and not just for ADR Services.

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 When we think of disputes, most people think that ascertaining the truth is the key to the resolution of a disagreement.  Find the truth, and you have the resolution to the conflict. Yet how many of us see “the truth” in the same way?

Truth is seen to be the foundation of the American justice system Yet how many litigants are satisfied with the outcome of the case once the judge makes a ruling?  By its very nature, litigation results in at least half of the litigants being disappointed.

“I Promise to tell the truth, the whole truth, and nothing but the truth”

            This oath required of every witness in an American court is designed to bring out the truth. Unfortunately, as we saw when former President Clinton took this same oath, truth is not always forthcoming, even from the highest office in the land.

            Honesty and veracity are important virtues—whether in the courtroom or around the mediation table. A witness who is perceived to be lying on one point—even a small one—may be disbelieved in other parts of his story. Just look at how Judge Jackson and the American public viewed Bill Gates and the Microsoft position after Gates was cross-examined effectively in the antitrust trial. Once he’d been discredited on one fact, suddenly his whole story seemed suspicious.

            Having credibility and being believed is no less important in mediation—since settlement requires voluntary agreement, you have to gain the trust of your adversary in order to make a deal. Truth is not irrelevant when you’re talking about credibility and trust.

            But The Truth is.

            Does it really matter how many times former President Clinton was alone with Monica Lewinsky? Does it matter whether Monica’s dress had been dry-cleaned or not?

            Interesting? Yes. But whichever way this testimony came out or was perceived, what truly was important went beyond the truth of this evidence. Could the President regain the trust of Congress, the Cabinet, the American people, and his wife and daughter? Could Monica Lewinsky move on with her life? What happened was that the country’s focus disintegrated into partisan bitterness, when its energy and resources would have been better spent in improving the economy or protecting our citizens from terrorist danger.  That’s what happens when you focus on the wrong part of the conflict.  The country focused on “the truth” and the past, rather than the bigger picture, and more important goals.

            Looking at it a different way, the truth, though important, would remain different for each individual and probably never be reconciled. What really happened in the White House bathroom was less important than what President Clinton did at the infamous press conference when he pointed his finger and defiantly (and credibly) stated: “I never had sex with that woman.”  His mealy-mouthed attempt to shade the facts did irreparable damage to his credibility.  The truth mattered much less than the country’s trust in his credibility.  By losing focus on the goals