The Musical Muse Turns 70

This week, Bruce Springsteen turned 70 years old.  With a new album recently released, The Boss is still rockin’.  The Boss had the fever for rock ’n roll since the 1960s on his way to becoming a local hero at the Jersey Shore.  While growin’ up, The Boss was no cautious man, traveling the backstreets from Asbury Park to Atlantic City searching for that musical magic.  Taking a roll of the dice, he put together the E Street Band in the early 1970s.  Bruce and the E Streeters were born to run with Bruce destined to be one of the most popular and revered artists of his time.

Commemorating this 70th birthday, a few articles popped up this week seeking to explain Bruce’s rendezvous with success spanning decades.  The Boss has never had a “Number 1” hit.  Yet, his popularity continues to increase as others fade away.  This article briefly explores Bruce’s amazing popularity and a fundamental reason it continues to expand as Mr. Springsteen enters his seventh decade.  Point blank — these other articles missed the mark.  A rather simple explanation is not wrapped in some brilliant disguise, but plain to see.  What have all these pundits overlooked?  What could be so basic to drive and expand popularity all this time?  And, amazingly, what might it teach us about mediation and litigation?

First, disclosure and a confession of sorts.  Since the late 1970s, I have been a Springsteen fanatic.  From my hometown in New Jersey, my buddies and I would drive all night until the light of day just to get to the next concert of Bruce and the E Street Band.  I have seen well more than a dozen Bruce shows live.  One friend and I reached the promised land one night in the mid-1980s when we partied with The Boss at a small, local bar down the Jersey Shore (more on those glory days later).  My wife and I insisted on Springsteen songs among the playlist at our wedding reception with his songs still among the ties that bind us.  I am not impartial when it comes to the music of The Boss.

The huge business known as the entertainment industry rewards only the current hot “thing” and immediately moves on to the “next big thing”.  The business takes no surrender in stomping on any artist’s book of dreams in search for the next hit.  A musician’s life comes with no easy money with most artists winding up out in the street.  Despite these odds, Bruce and the E Street Band steadily grew in popularity with their grit, raw style while other fads came and went (disco, the MTV generation, big hair/heavy metal, techno rock, rap, etc.).  Over the decades, Bruce racked up 20 Grammys, an Oscar, a few Golden Globes and a Kennedy Center Honor.

What has given Bruce one step up on all the entertainment industry competition and the entertainment industry complex itself?  These recent articles suggest the following:

Correctly, these articles note that Springsteen is masterful at writing songs.  The Boss brings a human touch to his poetic verse in making his songs come to life.  Great songs.  Check.

Uniformly, these articles observe that Bruce and his band put on epic, legendary live shows which no other performer can match in duration or intensity.  Bruce can prove it all night with the band typically playing four or more hours until they shut out the lights.  Great shows.  Check.

Some of these articles suggest that The Boss will challenge his audience which adds to his appeal.  The latest album, Western Stars, presents an almost country music feel.  His 1982 album, Nebraska, daringly left behind many electric guitars and signature horns.  Where other artists fear treading on the rocky ground of something new and different, Bruce boldly crosses the river and walks bravely into the fire with high hopes that his audience will follow and new fans may join the ranks.  Bruce grows as an artist.  Check.

Interestingly, these articles cite Bruce being respected and revered by other artists as a reason for the lofty status of The Boss.  Given the down to earth nature of his songs and rather humble beginnings, Bruce may not necessarily enjoy being considered the man at the top, but such may be the price you pay.  Professional peer respect and admiration.  Check.

Bruce has been open with his fans about his own vulnerabilities.  He has spoken about a challenging relationship with his father.  He has battled depression.  He had to work through a divorce.  Bruce has lived life itself and shares his experiences.  From these restless nights eventually comes better days.  His songs reflect this very fragile, human side.  Bruce is a real person and shares both the good and not so good.  He is human like us all.  Check.

Finally, The Boss presents a strong element of social justice, or perhaps injustice, in his music.  For example, so many politicians like to use Bruce’s song Born in the USA as an anthem of patriotism.  Listen carefully to the lyrics to find a song about a nation which fails to be there for returning soldiers who just fought with their blood brothers — no jobs, no help, no thanks for all your sacrifices.  Social conscience.  Check.

All of these points certainly contribute to the overall success of The Boss.  I suggest the most fundamental aspect of Bruce’s popularity and longevity rests in the undeniable fact that Springsteen is living proof of the supreme master storyteller.  

I do not profess to know the psychology of storytelling and why people so admire good storytellers.  Perhaps because a storyteller can transport you into the story itself.  Perhaps the power rests with instant connections to the characters in the story.  A good story evokes sympathy and even empathy for the characters.  Whatever the reasons, we like stories and remain enthralled by good storytellers.  The Boss is an excellent storyteller.

Here is but one example from Bruce’s music.  The song Thunder Road begins:

The screen door slams, Mary’s dress waves

Like a vision she dances across the porch as the radio plays

Roy Orbison singing for the lonely

Hey, that’s me and I want you only

Don’t turn me home again, I just can’t face myself alone again

Don’t run back inside, darling, you know just what I’m here for

So you’re scared and you’re thinking that maybe we ain’t that young anymore . . .

All can envision the setting on a large porch with music playing from merely one line of the song.  The man in the song has put himself out there for Mary.  He expresses his vulnerabilities and fears and knows Mary is equally fearful.  You are hooked and rooting for the two of them halfway through the first verse.  We all understand being afraid of rejection, relationships and the prospect of loneliness.  The first verse of the song is not even completed.

Rather than chronicle the stories in Bruce’s songs, permit me to share two Springsteen stories from my own experiences.  On December 8, 1980, I attended a Springsteen concert in the old Philadelphia Spectrum.  Being December, the show featured a number of Christmas songs and band members in Santa hats.  The spirit in the night was positive for all until the encores.  Bruce came back on stage for the first encore dragging his guitar behind him.  He was visibly shaken.  He solemnly announced to the crowd that he just learned that John Lennon had been shot and killed in New York City.

Bruce spent the next few minutes explaining how much the Beatles meant to him and every kid who picked up a guitar after 1964.  Springsteen related how he studied the Beatles lyrics and strove to make his own songs simple and understandable as John and Paul wrote.  The E Street Band then played a set of Beatles music in tribute.  There could be no rehearsing the stories Bruce passed on at that fateful moment.  They were genuine.  You could feel the storyteller’s own pain as the words poured forth.  As the crowd emptied out to the streets of Philadelphia, concert goers still had tears in their eyes.  

The second story is a little more lighthearted.  In the mid-1980s, my friends and I wasted too much time at the Jersey Shore.  Rumors always swirled around that Bruce had been spotted nearby and we were in the lucky town where The Boss will show up next.  One night when a buddy and I were at a seedy little bar in Belmar, New Jersey with a crowd of maybe 30 people, Bruce strolled in with a few friends.  Bruce joined the house band — which terrified the band members — played for about 45 minutes and then held court at the bar.  

While sharing beers, everyone gathered around like children listening to grandpa.  Bruce told stories about when he started out and dreamed of playing before a huge crowd like these 30 people at this bar.  He had everyone doubled over laughing at the vision he created of his band being booed off the stage so the regulars could watch the ball game on tv.  He encouraged the house band to stick with it to reach the land of hope and dreams.  Once more, off-the-cuff stories transported us back to Bruce’s early days with him.

If any doubt remains, view a recording of Bruce’s Broadway show.  You need not be a Springsteen fan to be pulled into his stories behind the music.  Through these stories, without trying, you feel for him and feel like him at the same time.  Storytelling is powerful.

Mediation practitioners and trial lawyers can take lessons of storytelling from The Boss.  In mediation, attorneys typically show up well prepared to discuss key facts and legal issues.  One line of inquiry as a mediator is to discuss the alternatives if settlement is not reached.  If the case proceeds to a jury, what is the story the party will tell?  Quite often, the lawyer wants to reiterate the great facts or legal positions in support of claims.

Failure to develop a good storyline in litigation or even mediation is an opportunity missed.  Attorneys will benefit from working on a story and themes early in the case.  A good story captures the audience (jury) just as Bruce captured the audience with half a verse of Thunder Road.  A good story can make the audience want to root for certain parties.  A good story presents a framework to allow the audience to feel sympathy or compassion for particular parties.  A good storyline may present a convenient vehicle to ignore or belittle “bad” facts or evidence as not fitting into the narrative.

Lawyers, as advocates, need to work on storytelling skills.  Listen to The Boss tell a story through is music, Broadway Show or from clips from his concerts.  Lawyers who show up at mediation without a solid storyline for the case and without litigation themes, quite simply, are not prepared for trial.  They might be well set for motion practice, including summary judgment applications.  However, the trial presents a significant risk and they may not appreciate the magnitude of the risk.  Develop storylines early and work on storytelling skills.

Happy Birthday Bruce.  Oh, and for those die hard Springsteen fans, you should be able to locate the 48 Bruce song titles used in this article.

Lying in State, John McCain and Mediation

This past week we celebrated the remarkable life and achievements of John McCain. War hero, Navy Captain, U.S. Senator, family man, author, patriot. You did not have to agree with McCain to appreciate that he lived staunchly dedicated to his moral compass. At times, many found themselves in disagreement with McCain. Heck, McCain and his own political party routinely found themselves in disagreements.

Even with disagreements, we should admire McCain’s unwavering dedication to “do the right thing”. Yet, McCain was also practical. McCain understood well that sometimes, perhaps oft-times, you need to take small steps on a journey toward a goal. McCain had the fairly rare ability to continue to see the big picture and understand how these small steps could lead to the desired result. More on those points later.

One honor of McCain came from Congress itself: McCain was lain in State in the Capitol Rotunda. To lie in State or lie in Honor at the U.S. Capitol requires Congressional Resolution or approval by Congressional leadership. McCain’s casket rested on the Lincoln catafalque (the simple pine structure constructed to hold the casket of President Lincoln and subsequently used for each person honored to lie in State). Thousands were then able to pay respect and mourn a true statesman.

Admittedly, I knew little about lying in State in the U.S. Capitol other than it seems to happen when well-known American politicians pass on. With some research, I discovered a few noteworthy facts about this honor. First, as noted, Congressional Resolution is required unless the death occurs when Congress is in recess. If Congress is not in session, Congressional leadership approval is required. American politicians/statesmen and military personnel lie in State. Other American citizens lie in Honor. The Lincoln catafalque is used for all lain in State, but has never been used for those lain in Honor.

29 Americans have lain in State. 4 Americans have lain in Honor. 11 U.S. Presidents have lain in State. 4 military soldiers were selected to lie in State as representatives of the Unknown Soldiers of WWI, WWII, Korean War, and Vietnam Conflict. In 1998, the first to lie in Honor were Capitol Police Officers Jacob Chestnut and John Gibson, both killed in the line of duty protecting the Capitol. Of the 33 Americans to receive this honor, 1 was a woman.

Civil Rights pioneer Rosa Parks lain in Honor upon her passing in 2005. I get it. For the majority of the history of the United States, women were mostly excluded from the military and politics. As such, there would be little opportunity to recognize a woman to lie in State. Yet, Congress believes that only one woman from our rich history deserved this honor? Rosa Parks is a fine choice and deservedly so. But what of Susan B. Anthony, Clara Barton, Grace Harper, Harriet Tubman or Barbara Jordan?

Let’s not hear that these women died at a time that Congress focused elsewhere. Congress should remind itself that it directed the disinterment of Pierre Charles L’Enfant eighty four years after his death in order to have him lie in State and subsequently re-interred. You will recall that the L’Enfant Plan with L’Enfant as the architect laid out Washington, D.C. as our Capitol. We can disturb the eternal slumber of an architect but not those who started suffrage movements, founded the American Red Cross, served as a Navy Rear Admiral while inventing computer programming, became the “conductor” of the Underground Railroad, and broke racial political barriers? Come on Congress, Aretha taught us that we need a little R-E-S-P-E-C-T.

Perhaps surprisingly, serving as U.S. President is not an automatic ticket to lying in State upon death. Noteworthy is that if a President dies or is killed while in office, lying in State is a virtual certainty. With no disrespect to their accomplishments or even them, it does not appear likely that Presidents Garfield, McKinley or Harding would have received this honor absent their untimely, unfortunate demise. Many of the Presidents who have lain in State appear to have had strong ties to Congress in the form of prior service.

In any event, McCain joins a rather select group of Americans to have lain in State. Hopefully, this recognition provided more Americans the opportunity to pause and reflect on the service and dedication of this very public servant. While so many in Washington view “bipartisan” as a four letter word, McCain’s career demonstrated that genuine, simple respect for the positions of others can lead to cooperation and progress.

As a mediator, McCain’s actions in his political career remind me to continually step back in order to see the big picture. When his Senate colleagues lost sight of the big picture, McCain used political clout, procedural rules, negotiations, and very public votes to remind others of the true goals, not those politically convenient. The dramatic McCain vote rejecting the repeal of the Affordable Care Act (“ACA”) illustrates vintage McCain in action.

Many seem to quickly forget that McCain generally opposed the ACA. He apparently was on board to vote to repeal and replace the ACA. McCain recognized that there existed good points in the ACA which most Americans favored (e.g., ending pre-existing conditions exclusions). McCain was among the group of legislators working toward some replacement of the ACA to avoid the previous mess of unregulated health care. The dynamics changed with the forced vote on repeal of the ACA with no replacement. McCain’s “thumbs down” last minute vote was in no manner siding with the opposite political party. Instead, it was a clear reminder to his own party that they committed to repeal AND replace the ACA. In McCain’s view, his party lost its way and he needed to remind them of their own promises to engage in the hard work to create something, not merely take a wrecking ball to that which they did not like.

Similarly, when confronted with mediations bogged down on an issue, I need to be reminded (and remind the participants) to look at the big picture. If, for example, one party is hung up on potential application of some legal precedent, I need to remind that party that such points have already been stressed, the other party has carefully considered the issue, and compromises in positions have been made based on the cogent arguments presented. I then need to encourage the entrenched party to also look at the big picture of moving toward resolution rather than seeking capitulation by the other side. I will remind the party that compromise is required (which does not mean giving up on an issue, but instead reframing it in terms of value). I can introduce new risk factors into the equation such as the likelihood of relief not being fully granted, the court simply sitting on the great motion with no ruling, and costs of proceeding through conclusion and appeal. The parties should be reminded that the resources dedicated to litigation could be used productively elsewhere.

Just as McCain would use Senate rules, his experiences, and relationships, the mediator must be reminded to dig deeper into the resolution toolbox to find what will move the parties forward. The movements need not be grand, but can be taken in small steps. Merely discussing other issues can start the parties to think differently about risk or focus on other factors. The participants may simply need a break and walk around the block in order to come back recharged. Starting discussions about the settlement framework and structure could get the parties to think about finality. None of these steps will settle the case, but any one of them can place the parties back on the path toward agreements and away from sticking points.

Whether it is to remind us to see the big picture, take small steps of progress toward a goal, or move forward by working with “adversaries”, much can be learned from the lengthy and distinguished career of a dedicated public servant such as John McCain. I will seek to apply these concepts in mediating disputes, but, in essence, McCain left us with basic life lessons.