Sun Tzu, the ancient Chinese military strategist, is widely credited to have coined the adage “keep your friends close, and your enemies closer.” Sun Tzu, however, didn’t have Facebook.
Sun Tzu didn't have Facebook
Recently, a corporate defense attorney and mediator from South Carolina preparing for a mediation conference received a “friend request” from the Plaintiff’s attorney who was representing the party on the other side of the table. As is often the case on Facebook, the South Carolina defense attorney obliged without giving the matter much thought at all.
On the day of the mediation conference, however, the Plaintiff’s attorney ambushed his cohort by projecting onto the big screen the defense attorney’s latest Facebook post that scandalously revealed that the defense attorney had celebrated his 50th birthday the weekend before the conference. Pointing to this as evidence that the birthday boy hadn’t taken the case seriously, the Plaintiff’s attorney shifted focus away from the issues at hand (whatever they happened to be), and the mediation ultimately ended unsuccessfully.
The use of social media to intimidate the other side in a negotiation is nothing more than old wine in a new wineskin, but this case readily demonstrates that these tactics are counter-productive to the goal of mediation: reaching a negotiated solution.
Was this all part of a premeditated plan on the part of the Plaintiff’s attorney? What value does personally attacking someone on the basis of a benign Facebook post add to the mediation, particularly when it has nothing to do with the case? Certainly, it gives pause for thought as to whether attorneys and mediators should be more scrupulous in choosing to accept or decline offers of “friendship” in the digital marketplace.
Read here for a first-hand account of the story.
Alternative Dispute Resolution in Georgia 
I am the defense attorney who is the subject of this post. I want to make one thing clear: I dont look anything like the photo above. I am also a mediator–and have shared this story with other mediators to get their reaction. Interesting stuff.
Thanks for sharing your story on your blog, it certainly sparks the dialogue about the pros and cons of using social media to network and market one’s practice. And I’m glad you liked the picture!