Mediation and arbitration are private dispute resolution processes focused on compromise.
Networking is essential in the legal profession, emphasizing genuine relationships over business connections.
Maintaining a positive outlook can lead to personal and professional growth in law.
Deep dives
Mediation vs. Arbitration
Mediation and arbitration are private dispute resolution processes distinct from public litigation. Mediation involves a mediator aiding parties in reaching a compromise to settle disputes, focusing on emotional intelligence and understanding parties' underlying needs. On the other hand, arbitration involves a private arbitrator making a binding decision after hearing arguments without strict adherence to formal legal rules like the rules of evidence.
Building a Network Through Relationships
Networking, framed as community building, plays a crucial role in the legal profession. Focusing on developing genuine friendships and relationships rather than collecting business cards is essential for career growth. Building a network involves fostering connections through meaningful interactions, communication, and mutual support within a professional community.
Embracing Positivity in Law
Encouraging a positive and optimistic outlook in the legal profession can have a transformative impact on personal and professional development. Choosing to approach legal challenges with curiosity and joy, despite the inherent difficulties, can lead to more fulfilling and impactful legal careers. Embracing good vibes and a hopeful mindset can strengthen relationships, attract opportunities, and enhance problem-solving capabilities.
Focus on Emotional Intelligence in Dispute Resolution
Emotional intelligence plays a critical role in navigating mediation and arbitration processes effectively. Understanding and addressing parties' emotional needs and perspectives, along with focusing on developing listening and reality-testing skills, can lead to successful dispute resolution outcomes. Embracing empathy and emotional insight can contribute to building rapport with clients and facilitating constructive negotiations.
Importance of Networking and Community Building
Developing networking skills early in a legal career is vital for building a supportive professional network. Framed as community building, networking involves fostering genuine relationships, engaging with peers, and extending mutual support within professional circles. Embracing an inclusive and collaborative networking approach can open doors to opportunities, mentorship, and career growth in the legal field.
In today’s episode I am excited to speak with Brian Farkas. Brian is an Associate at Arent Fox Schiff in New York City where he handles complex commercial disputes in federal and state courts as well as in arbitrations and mediation proceedings. Before joining that firm Brian served as a law clerk to Judge Robert W. Lehrburger of the US District Court of SDNY and worked for six years at a midsize litigation firm in New York. He is deeply committed to teaching and training the next generation of lawyers. I am not sure how he has time for it all but he serves as an adjunct professor at Cardozo Law where he teaches arbitration and dispute resolution having won the Best Adjunct Professor Award several times as well as teaching mediation and negotiation at CUNY and Brooklyn Law. He is also an active member of the New York City Bar Association, where he serves on the Board of Directors and chairs the City Bar’s New Lawyer Institute, which offers career development programming and mentoring for law students and recent graduates.
He’s been named a Rising Star in Business Litigation for 8 years and He’s also active in the ABA and is a regular contributor to law reviews and legal trade publications. He is a graduate of Vassar where he currently serves on the Board of Trustees and Cardozo Law.
In our conversation we discuss his path from college journalist and student bar leader to lawyer, the real value of what a legal education provides, dealing with imposter syndrome as a junior lawyer (getting comfortable with being uncomfortable), his decision to be a mid-career judicial law clerk, not ignoring the downside risk of not making a change when assessing a new opportunity, the differences and similarities between litigation, mediation, and arbitration practices, why the best lawyers know how to read a room, learning how to be a "middle voice," rethinking of networking as friendship building, and more.
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