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Medi[T]ation: The Importance of Mindfulness in Law Practice and Mediation

On a surface level, most disputes revolve around some discreet event in the past that an individual has come to view as having violated his or her standards of “right” or “wrong,” or some more nebulous concept of “justice.”  But when the sense of violation arising from the event rises to a level at which an individual has made the deliberate choice to invoke the legal process, the likelihood is that the event, events, or situations at issue have triggered more deeply help beliefs as to how the world should operate.  These more deeply held notions are likely tied to engrained learned conditioning that far preceded the situation at the center of the dispute.

The problem is that this learned conditioning, and the ideas the we have held for so long about how the world “should” operate, lie beneath ordinary consciousness.  These ideas are so deeply engrained that they have come to operate more habitually, usually clouding direct present-moment experience and serving as an unidentified barrier to optimal solutions to conflict.

This is why the integration of meditation and mindfulness are so important to effective dispute resolution.  It is only through quieting of the mind that individuals begin to more clearly identify this learned conditioning and the habitual reactions that have come to cloud their perception of, and response to, the conflict being addressed.  For example, instead of indiscriminate, reactionary blaming of an adverse party for a challenging life situation, a party can come to more clearly appreciate the role of conditioning that has prompted his or her reactions, and thus come to lessen his or her adversarial posture towards an “opposing” party.  The softening of this posture is essential in fostering an open environment in which all parties feel a necessary degree of safety in articulating his or her emotional linkage to the dispute, and a willingness to accept an appropriate degree of responsibility not only for the arising of the situation, but for its resolution.

For these reasons, the integration of meditation and mindfulness in law practice, mediation, and other approaches to dispute resolution is at the foundation of holistic law practice.  To learn more about the integration of mindfulness and law practice, contact Holistic Lawyer Mike Lubofsky by calling (415) 508-6263, or by visiting http://www.Holistic-Lawyer.com.