A lot about the law is about doing the right thing under the existing facts particularly in
equity. Well, I have decided that this section of my blog is going to be dedicated to
“doing things right” and to those people I come across who are “doing things right”.

The clean hands principle: One who comes into equity must come with clean hands.

This section and the story to follow was inspired by a dream I had last night.
A very vivid dream. Let me just tell it and, then let me know what you think about it.

Vivid Dreams and Collective Bargaining.

Wow! Do you ever have really, really vivid dreams? Well. I had one last night.

You see I used to be a labor negotiator and mediator in one of my past lives.
This dream was about an experience I had after I had stopped mediating and
was just teaching about negotiations and mediation. Here’s how the dream
went …

I was attending a conference on collective bargaining. Now I don’t know
why but I was late getting into a session and was kind of sneaking into the
back of the room so as to not draw too much attention to me and my shorts
and golf shirt attire ( you get the picture).

“Sir!” “Sir!” I hear this voice coming from the front of the room and I think,
“Oh, Oh busted!” Yes, he was talking to me and worse, he was walking in
my direction to the back of the room As he drew closer, I noticed he had a
hand reaching out in my direction while he held on to the mike with the
other..What was additionally disconcerting was that he was smiling – not
a trace of malice or irritation..

When he got to me he was saying, “Ladies and Gentlemen, here is a man
you have got to meet!” Oh, Oh! Again. I hate to be made an example of
and I was sure that was the way this was going to go. But I was wrong.

He says, “Val, you probably don’t remember me but I remember you.”
Again, befuddlement. I didn’t recognize this energized young man at all.
I say young man but he was probably middle-aged - you know, anyone
not as old as you are looks young.

“Val, will you please come to the stage with me so I can tell a story about
a collective bargaining experience we had together a few years ago -
please – the participants here today will benefit.” Well, I was never one
to refuse an invitation to get on stage – even if I was wearing a golf outfit.

So up we went. We get there (he’s still holding my hand!!!) and he begins
to tell his story.

“Several years ago this gentleman was mediating a particularly nasty
collective bargaining situation in which I was involved.. We were at
impasse and had called the state agency he was working for. - for help.
He was assigned.”

“I was actually feeling sorry for him because I thought he didn’t have a
snowball’s chance in _ _ _ _ of getting our two parties to agreement.
Like most mediators do to start a mediation, Val introduced himself and
briefly gave a bit about his background and about the role of a mediator.
Val explained to us that mediators don’t have much power and have very
few rules that they can enforce. However, he said he had one rule that
he insisted upon but that we needn’t worry about it unless we came to
an agreement. So both sides raised no objection to that because neither
side expected this process to get that far – both sides had already started
making plans and preparation for a strike.

It was tough and Val worked his ass off to get an agreement. As we
wearily waited to finish up the process and get all the items initialized,
someone raised the question about Val’s one rule.

Val, with a small smile crinkling up on one side of his usually serious
face, said, ‘Oh yes.’ Will the two chief negotiators please come to the
head of the table.’ They did and actually reached out their right hands
to shake the other’s. Val says, NO WAIT! It’s time for my one rule.

We were all tired. Some thought ( I included), ‘What the hell now!’

Val says to our two leaders, “Will you two please go to the bathroom
and wash your hands before you shake? If you do and please do, I
will tell you why this is my one rule.

Both leaders kind of shrugged their shoulders and looked to their teams
with raised eyebrows. Neither said anything as they both went off to their
respective bathrooms to wash their hands. Everyone wanted this hellish
experience over and we all waited, some what impatiently, for them to return
to finish this so we could go home and get some rest.

Finally, when they returned, Val had them face each other while he
explained his one rule. - - “Folks, first, I want to thank you for all the
hard work and stress you have had to undergo through this difficult
process. Congratulations!

Secondly, hard feelings were overcome. Disagreements were resolved.
And, here we are now with your two leaders about to shake hands - -
WITH CLEAN HANDS!

There are a couple of reasons for my one rule of “clean hands”. Years ago in
law school , I learned that the courts, if they were expected to do equity,
expected the parties to come to court ‘with clean hands’. I ‘ll not trouble you to
explain all that. However, over the years, I have come to believe that this small
symbolic act is of great value in assuring the parties will live up to their sides of
the agreement.

During the life of this agreement, I hope this small symbolic act will
remind you of this difficult process that you successfully completed.
When you tell your constituents about this and respond to their questions and
complaints about the terms and details, remember this moment: Your two leaders,
representing you, their negotiating teams and your constituent members, completed
this stage of collective bargaining by shaking with ‘clean hands’.” You will find it is
much easier to live peacefully and successfully under the terms of this agreement
and the “good faith” under which it was negotiated.

The speaker then turned to me and said, “I am glad I had this
opportunity to thank you for that lesson, Val. It’s one I’ve never forgotten.”

Well, you my readers must remember that the author of this
story is an old guy. And, as you may have heard, one’s
memory sometimes falters as you get older. It is not as good as it used to be
and no better than it ever was. Also, remember that this is my recollection of a
dream I just had. Although still fresh, it was a dream, a very vivid dream.

Given my memory limitations, all I can say is that this story might actually
have happened and that the storyteller may have actually experienced it.
It may have happened. That sounded like something I might have said.
It’s easy to think I would have tried out a strategy like that.
But, remember… It was a dream and I’m an old guy. Believe it or not.

My wish for you today: That you may go through life always
acting in “good faith” and treating others with “clean hands”.

Life’s too short to live with regrets.

Val Spangler, Mister Senior Blogger.

Please follow me on Twitter: @SeniorTweet and
http://twitter.com/SeniorTweet.

P.S. Below is a cartoon I used on my Comics Cartoons and Creativity blog (The Fence Critters) to provide a visual aid to help you remember
this story and the concept of “clean hands” as a principle to live your life by.

Living a life of good faith and clean hands.

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