CHRISTA DEF

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I am both a mediator and an attorney

Early in my career, my publications listed “works as a lawyer at Beer advocaten.” It had become a ritual for the editors to remove “works as,” and for me to put it back. I wasn’t a lawyer—that was just my job.

Several years later, I had the opportunity to assist a doctor who could no longer work full-time due to a brain injury. He told me that being a doctor, just like being a lawyer, is considered an ‘ego profession.’ You put your heart and soul into your work, and you lose a part of yourself when you have to stop doing it. I realized then: that applies to me, too. I’m a lawyer.

When, a few years later, I was asked more and more often why I hadn’t become a mediator, I thought about my ego-driven profession. Can you be a lawyer and work as a mediator at the same time? My colleague Josée van de Laar, the first mediator in our field, said that this combination has drawbacks in practice. The party who must trust in your neutrality in your role as a mediator will encounter you the very next day in your role as a partisan lawyer.

Josée van de Laar was also the one who arranged for the attorneys at our firm, along with the claims adjusters from Fortis, to take the Harvard Negotiation course. The goal of Harvard Negotiation is to facilitate a win-win solution, rather than fighting over positions. In this approach, you are firm on the substance and gentle with the person. To me, that is the essence of the modern lawyer.

In my opinion, negotiating as a Harvard-trained lawyer isn’t all that different from the work of a mediator. In both roles, you’re most successful when you can clearly define the positions of both parties and then bring them together through constructive dialogue.

That means I can now write: I am an attorney and work as an MfN-certified mediator.