Ed Ahrens, Jr., Esq. writes monthly thought provoking Editorials on mediation. These views are Ed's and do not necessarily reflect those of Florida Mediation Group.

Be not deceived: evil communications corrupt good manners.
Bible, 1 Corinthians xv. 33.

 

In a somewhat perverse way I recently felt like Lilly Tomlin at her switchboard. Cell phones seemed to ring a ding ding repeatedly during a recent mediation, and my fainthearted reaction was to do nothing. I guess I believed that having acquitted the culprit of the first interruption, I was hard pressed to come down on the second. Of course, before it was over in (perhaps not surprisingly) an impasse, the proceeding had been interrupted no fewer than six times, and the guilt was shared by several of the participants.

I shan't have a repeat of this, I tell myself, with the self-assurance of a shrinking violet. From now on I will issue an order (I know, I know, mediators don’t issue orders!) that all cell phones be turned off before we begin.

I fully expect at least one of the attorneys to seek an exception, because he or she is "awaiting a vitally important call." I have no doubt that all attorneys expect all their calls to be a matters of life and death.

I also fully expect that that attorney will assert one of two positions when his monstrous little communicator rings—or plays Beethoven’s Fifth or the Star Spangled Banner (in which case everyone feels compelled to stand):

1) "This won’t take but a minute," as he whispers into the phone loudly enough for the upper floor to hear him. And how can you bill for one minute? You know he or she will be on that phone for at least 15 minutes.

Or

2) "I’ll just step outside for a minute. Go ahead without me." Oh yeah. I’m about to continue without a party’s counsel present. Ergo, the mediation comes to a crashing halt, while we await his or her return. Time to talk about the kids or grandkids or the weather, while the clocks of the professional participants, including mine, wind on.

Cell phones are rapidly becoming a pestilence in our society. Yes, they are a significant and convenient means of communication, whether in the work environment or around the home. Three of my four grandchildren have them (the five year old is fussing about his exclusion), and both my sons and their wives have them. Yes, I have one, too. We are never out of touch with the rest of the family—or the world. Which is fine, if all other considerations are ignored: suspension in school, if the child forgets to turn his phone off as required; risky preoccupation while driving with one hand on the steering wheel; just to mention a few.

Now, even if it does not endanger a life (unless the person offended is really ticked off), rudeness is at the top of my list, especially during a mediation. The use of a cell phone during a mediation proceeding is insulting to the other participants, it disrupts the process, and it really ticks off the mediator, who is trying to keep the parties focused on the goal of a negotiated settlement. When that phone rings, focus becomes much like looking through smudged eyeglasses.

Far be it for me to rewrite the Bible, but I would be tempted to restate the quote from Corinthians to read: "Evil manners corrupt good communications."

So, don’t wait for the mediator to anger the participants by mandating the offing of all cell phones. Turn them off before the mediation begins, and let your office know you’re doing so.

Ring a ding!

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