Right, Wrong or Perception
Ever hear the one about the elephant and the three blind men? Three blind men went to the circus and came upon an elephant. There were no elephants where they came from, and they were thrilled to encounter such a great beast. The first blind man grabbed its trunk and declared “It is like a mighty snake.” The second grabbed its hind leg and exclaimed “No, you are wrong! It is like a great oak tree.” The third held its tail and protested “You are both wrong! It is like a strong rope.” Interestingly, they were all right and all wrong. Their descriptions were honestly based on their individual perceptions; and their perceptions were based on their individual experiences. Just like life! And for our purposes today, just like conflict.
It may surprise you to know the truth (whatever that means) doesn’t matter at all - at least not from my perspective. What does matter is how effective I can be in bridging the distance between the two, or more, perceptions of the case. That distance is often narrowed by helping the parties gain an objective perspective of what a jury will likely hear, if the case proceeds to trial. And, importantly, how difficult it might be for a complete outsider (a juror) to sort through conflicting expert witness testimony and decide who is “right” and who is “wrong”. Only to then be faced with assigning a dollar value to that assessment. This is a potentially daunting task when everything they heard during trial – like the descriptions of the elephant by the three blind men – is both right and wrong. This strategy is neither plaintiff nor defense oriented; it is collective participant oriented.
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