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Mediation versus Litigation: The Answer Becomes Clear

Where holistic law practice has at its core wisdom borne from a grounded sense of being, it is only within the mediation forum that individuals are afforded the freedom and flexibility to access this wisdom and have this wisdom guide participants toward optimal dispute resolution.

In contrast, formal litigation imposes strict rules (e.g., rules of evidence) that ultimately ensure that disputes are settled based largely on objectively verifiable events.  By definition, admissible evidence excludes intuitive knowledge and other phenomenon arguably behind the realm of human thought, including compassion and empathy, as salient factors to be considered by the parties when attempting to fashion a remedy to a dispute.

While litigating parties may, individually, evoke and consult with unverifiable sources of knowledge such as intuition, compassion, etc., in determining his or her individual litigation strategy, the litigation process itself is designed to eliminate discussion and consideration of such factors when both parties are together before the tribunal.  The parties are thus denied the opportunity to reevaluate their respective positions in light of inner wisdom accessed and articulated by other parties with what litigation would deem “adversarial interests.”

From an evolutionary standpoint, it is understandable that interpersonal dispute resolution grew into a system that basically extracted emotion and unverifiable feelings from the equation.  It is not difficult to imagine that in a lesser evolved form, such emotion and visceral sense was likely to lead to chaos and physical violence.

It is also conceivable, however, that as a species we have evolved to a point at which we are beginning to recognize truth as lying beyond thought and objectively verifiable facts.  Holistic law practice, by helping clients disidentify from learned conditioning and habitual reactions, can facilitate heightened access to this inner wisdom.  A properly orchestrated mediation forum can ensure that the inner wisdom of all interested parties is elicited and properly considered in sculpting optimal dispute resolution.

To learn more about holistic law practice and its applicability in the mediation context, contact Attorney Michael Lubofsky at (415) 508-6263 or visit http://www.mindfulaw.com.