Thinking outside the box

"Thinking outside the box" must be one of the most hackneyed phrases in modern business. Here's a great example of a lawyer who did think outside the box. In this case, the box was the ongoing trial, interrupted when opposing counsel fell ill.

...Perhaps, it occurred to me, my opponent's physician would clear him to return to some duty less stressful than the trial itself even before he had fully recovered. And perhaps the events of the trial's first day would create possibilities that hadn't existed before.

I sent a lengthy email to my opponent, proposing that while he was recovering, we conduct a nonbinding day-long mediation before an experienced mediator chosen by the trial judge.

Mediation worked, and they arrived at a mutually agreeable settlement without the need for the rest of the trial.

This was not an obvious solution, but it was an effective one.