AudioBlog: Talking to the Enemy
Mediation's Place by Joe Markowitz
Mediation's Place by Joe Markowitz
I heard an amazing interview on the The World radio program today, with a young American Army commander, Captain Michael Kolton, who decided to reach out and forge a relationship with one of the Taliban commanders that his unit was fighting in Afghanistan. Here is the whole thing:
Captain Kolton made a deal with his Taliban counterpart, a man known as Massoud. Kolton told Massoud that as long as he called every week, the Americans would not hunt him down. Massoud made sure to call every week, and the two men continued to meet and get to know each other. Pretty soon, Massoud was giving Kolton the best intelligence he had ever received, and both found they had more to talk about than they realized.
What common interests could these two enemies, who were both there for the purpose of killing each other, possibly have? And how would these talks serve the Americans' mission, which was to defeat the Taliban forces?
For one thing, both found that they had some common enemies. The Americans were after some rival insurgent leaders in the area, and Massoud was only too happy to help the enemy of his other enemies track those rivals down. More importantly, both discovered that they identified themselves in a similar way. Both men were in the area to hunt and kill others for a cause. Different causes, to be sure, but the realization that both defined their mission in a similar way helped both discover their common humanity (or perhaps their common lack of humanity).
Kolton began to ask himself, is this man truly evil, or is he fighting for something he believes in, just as I am. Those questions allowed him to feel a certain empathy toward his enemy, instead of viewing him only as the other, as something to be destroyed.
These opposing forces probably have a number of other goals in common. Both may seek an end to conflict. Both may seek political power. And both can probably help the other achieve at least some of those goals by continuing the dialogue. It turns out that the Taliban fighters that the Americans made contact with are now receiving stipends and vocational training from the Afghan government. They do not pose the same threat they once did. Kolton thereby proved the truth of Abraham Lincoln's saying that the best way to destroy an enemy is to make him a friend.
This certainly seems like a new way of fighting, especially as an initiative from an American soldier instead of the usual way that diplomatic efforts come about. We give medals for heroism in war, usually for uncommon bravery in risking one's life to help others in the unit. Perhaps we should also consider medals for peacemaking, to reward initiatives that help the army achieve its goals without needless loss of life. As Captain Kolton says in this interview, "the new definition of courage is risking yourself to protect innocent people and reconcile fighters. That new definition of courage is slowly changing the culture of my army."
Joseph C. Markowitz has over 30 years of experience as a business trial lawyer. He has represented clients ranging from individuals and small businesses to Fortune 500 corporations. He started practicing with a boutique litigation firm in New York City, then was a partner in a large international firm both in New York then in Los Angeles, then returned to practicing with a small firm and on his own. In addition to general commercial litigation, Mr. Markowitz has expertise in intellectual property, employment law, entertainment law, real estate, and bankruptcy litigation. Mr. Markowitz has managed his own firm since 1994. He currently shares a suite with three other lawyers, allowing access to additional resources and areas of expertise when needed.
Mr. Markowitz takes a practical, problem-solving approach to trial practice. His appreciation of the costs and risks of litigation leads him to try to resolve disputes without going to court if possible, to minimize the disruption a lawsuit can cause an ongoing business, to avoid litigation over issues of marginal importance to the company's business objectives, to take into consideration the costs and benefits of any particular step in a case, and to design creative strategies that push the dispute toward a favorable resolution. When winning the case becomes the primary imperative, his extensive trial, arbitration and appellate experience provides confidence in his ability to prevail.
Mr. Markowitz was trained as a mediator more than 15 years ago, and has conducted a substantial number of mediations as a member of the Mediation Panels in the Los Angeles County Superior Court, the District Court and Bankruptcy Court in the Central District of California, as well as private mediations. He has served since 2010 as a board member of the Southern California Mediation Association.
Clients should expect a high level of dedication and service when they hire an individual attorney or small firm. Joe Markowitz’s goal is to offer the high quality of analysis and written work product associated with large, prestigious firms, combined with the personal attention and efficiency of a small firm.
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