Tag: Holistic Law

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Holistic Philosophy Law Practice Mindfulness

The Challenge of Holistic Law Practice

In working with clients to break through learned conditioning and habitual reactions that have led to, or exacerbated, legal disputes, holistic law strives to tap into the inner wisdom of participants as the primary source of optimal solutions.  In orienting the identification of solutions towards clients, holistic law presents a fundamental challenge to the entrenched paradigm in which clients primarily look to the attorney for answers and solutions.

In addition to the client-centric solution focus, holistic law practice presents a serious challenge to the livelihood of many attorneys who have made their living as advocates within an adversarial system.  Given this direct challenge, it should be expected that the holistic law movement will be met with formidable resistance from the predominant legal establishment.

For the first time, however, there is an emerging segment of the public that has engaged in mindfulness training and practice, and has come to experience and appreciate their inner wisdom apart from their learned conditioning.  Thus, conditions now exist for a shift away from the adversarial model, and towards a more client-centric or holistic model of law practice.

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Holistic Mediation Mediation

Mediation: Often Not Just the Best Solution, the Only Solution

Defensive and aggressive reactions to conflict most often arise because of an inability to be heard and understood. At the heart of most conflict lies some core issue that, if recognized, acknowledged, and explored, would provide the seed for peaceful, optimal resolution, truly in the best interests of the parties and more broad societal context in which they live. Often, the failure to identify and explore these core issues will keep the parties locked into a dualistic, adversarial posture that will serve to escalate the conflict.

Whether a conflict involves one spouse not taking out the trash, a neighbor making too much noise, or a violent attack by a religious faction, one party to these activities feels on some level that they are not being heard – that core beliefs or concerns that they harbor are not being sufficiently acknowledged.

Our predominant adversarial model of “justice” overwhelmingly operates in a way that allows no exploration of underlying precipitants of conflict. Attorneys are specifically trained to elicit “facts” from clients that they will then apply to the law in crafting a litigation strategy. Unfortunately, a client’s recitation of “facts” in reality often constitutes a “story,” and excludes subconscious motivations of one’s behavior.

In order to begin exploring these less salient motivations of one’s behavior, an environment must be created that fosters an air of openness, respect, and trust so that individuals can become willing to explore and articulate underlying thoughts and emotions that may have led to, or exacerbated, the conflict. The structure of a courtroom, and the nature of civil procedure and rules of evidence, are antithetical to the creation of an open environment in which litigants might otherwise feel safe in exploring more sensitive thoughts and emotions.

By contrast, among the benefits of mediation are ground rules specifically laid to establish an environment of respect. Sharply honed listening skills and ability to empathize will help an experienced mediator quickly begin to create an environment conducive to the exploration of more vulnerable thoughts and feelings of the parties. Not bound by rules of procedure and evidence, the parties can begin to articulate what is truly important to them. Often what comes to the surface are thoughts and feelings of which the parties themselves were consciously unaware. The seeds are then sewn for the crafting of a solution that can truly address the core needs of all involved.

One might say that any solution falling short of this process is really no solution at all.

To learn more about the benefits of holistic mediation, contact Holistic Lawyer and Mediator Michael Lubofsky at (415) 508-6263, or visit http://www.Holistic-Lawyer.com.

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Holistic Mediation Mediation

Mediation Versus Litigation: Addressing a Larger Societal Problem

Within a wide swath of civil litigation can be found a common denominator: The tendency of people in contemporary American society to sidestep responsibility for their own happiness and well-being, instead looking toward external factors to blame for undesirable outcomes or consequences.

Almost by definition, our predominant adversarial model of civil litigation encourages, cultivates, and solidifies blame.  For example, in filing an initial complaint to initiate a lawsuit, a plaintiff is basically required by procedural rules to allege facts that establish on their face what a defendant or defendants did wrong.  The plaintiff is then required to set forth a request for relief stating how these alleged improper or wrongful acts caused harm or loss.  Nowhere at this initial pleading stage would a plaintiff acknowledge any affirmative role that may have contributed to the harm of which he or she is complaining.

It is only at a more advanced stage of pleading that an adverse party may file a “Request for Admissions,” which would prompt a party to acknowledge that his/her/its actions or inactions may have contributed to the problem at hand.

So it often seems in a more broad societal context.  We seem conditioned to focus on external factors to explain our problems (and much of our happiness).  Many would maintain, however, that such thought-driven notions that attribute happiness or lack thereof to external factors are largely delusional.  Such a misguided orientation may go far in explaining why litigation “victories” resulting from the adversarial process seldom produce an enduring sense that the conflict has been resolved in any sort of optimal fashion.

In contrast, holistic law and mediation works to help dissolve defensiveness and entrenched conditioning to the point at which participants become better able to see through their misguided preconceptions.  They are then better able to objectively assess their acts or omissions that may have contributed to the current conflict.  At the same time, the cultivation of an empathic environment by the holistic lawyer or mediator facilitates this process as participants feel more understood and less judged for “mistakes” or “misunderstandings” that my have contributed to the conflict.

To learn  more about how holistic law and mediation can facilitate optimal, sustainable conflict resolution, contact Holistic Lawyer and Mediator Michael Lubofsky at (415) 508-6263, or visit http://www.Holistic-Lawyer.com.

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Compassion Holistic Divorce Holistic Mediation Mediation Mindfulness

The Transformational Potential of Mediation

In conducting more than two dozen mediation sessions in Alameda County Superior Court, what is most glaringly apparent is the extent to which mediation participants enter mediation with all-defined, hardened positions.  Moreover, these individuals almost always are convinced that their interpretations of some event or events that have taken place in the past are the “correct” or “right” interpretation, and that the opposing party is simply “wrong.”

Through extensive mediation training and experience, a professional mediator becomes increasingly able to identify when a participant appears “locked into” a position, and then employ sensitive listening and empathic skills that may soon begin to loosen the grip of tightly-held, heavily egoic, positions.  It is the dissolving of these firmly held positions that begins to shift a mediation focus from positions to interests.

Freed from the grip of ego, one can begin to entertain an increasingly expansive notion of “interest” to transcend one’s “self interest” which may have predominated at the outset of the mediation.  “Interest” can then begin to more fully encompass a spouse, a family, a community, or even all of life.  In this way, mediation can serve a transformational function as a springboard for previously untapped solutions that transcend self-interest and serve to move the participants, as well as society at large, forward in more sustainable ways.

To learn more about how mediation might work for you, contact Meditator and Holistic Lawyer Michael Lubofsky by calling (415) 508-6263, or by visiting http://www.mindfulaw.com.

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Holistic Mediation Mediation

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.

 

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Holistic Philosophy Law Practice Mindfulness

Holistic Law: Blame and Attribution As a Means of Sidestepping Legal Problems

Through evolution, as an important means of survival, it was often critical when faced with challenges in meeting our basic needs that we were able to identify a cause in the environment that we could then act upon to remove the current obstacle.  In many of these primordial situations, if one were to just do nothing, he or she could be physically attacked by a hostile adversary or animal posing a direct threat to survival.

Thus, from an evolutionary psychology standpoint, it makes sense that he human ability to find external causes for difficult situations was critical for survival of the species.

As with many of our more ingrained coping strategies, however, our strong tendency towards identifying environmental factors as causes of challenging situations has become strongly habitual.  In contemporary society, we are seldom faced with immediate threats to our physical survival.  Nevertheless, when faced with difficult situations that prompt anxiety or fear, our conditioning often looks towards external causes that we may come to believe caused our current difficulties.

If this conditioned response mode is not met with a threshold of consciousness (i.e., grounding in present-moment experience), one can quickly become absorbed and seriously distracted with thought-driven stories about how this person or that person caused or brought about the threatening situation.  This tendency can soon lead to outward expressions of anger, blame, etc. as if these expressions might somehow alleviate the challenging situation.  In the process, however, one will become increasingly disconnected from present-moment experience and come to experience deeper unhappiness that, in itself, may prompt another cycle and layer of blame and attribution.

This type of cycle may be common within individuals involved in, or considering, legal action.  Whether involved in divorce, an employment law dispute, an accident that has caused physical injury, criminal prosecution of some type, etc., it is not difficult to imagine one easily becoming enmeshed in this blame and attribution cycle.  The extent to which this cycle gains momentum is the extent to which the individual is likely to overlook creative solutions to the current situation that might potentially serve to transform his or her life in truly positive ways.  Instead, decisions are likely to be made as to how one might exact revenge or retribution against the person, institutions, etc. that are considered responsible for the current situation.

Holistic law practice works with clients to, among other things, help temper this ingrained tendency towards blame and attribution and instead heighten one’s connection to present-moment experience.  It is within this heightened mindfulness that clients can identify optimal solutions to their challenging legal situations.  To learn more, contact Holistic Attorney Michael Lubofsky at (415) 508-6263, or visit http://www.holistic-lawyer.com.

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Holistic Philosophy Law Practice Mindfulness

Finding Peace in the Midst of Legal Problems

Legal problems tend to involve life situations that may prompt examination of the past and fears about the future.  In particular, one may begin to examine his or her role in bringing about the current situation a s a result of past actions and/or decisions.  He or she may also worry about how the future may manifest itself depending on how the current legal matter is ultimately involved.

Problems in this context often arise when these tendencies prompting reflection on the past and fears concerning the future cause one to become disengaged from present-moment experience.  At this point, one runs the risk of approaching his or her current situation either by defending decisions made or actions taken in he past, or by trying to manipulate the current situation so as to potentially reduce the likelihood of unfavorable feared outcomes in the future.

What is lost in this approach in an inner wisdom accessible only when one is able to let go of concerns about past and future and become more highly conscious of things as the are, right now, apart from judgements, interpretations, expectations, and thought-driven notions of how things “should” or “should not” be.

The incorporation of mindfulness in law practice can work to bring clients more deeply back to present-moment experience so as to reduce the likelihood that formal legal action or strategy will spring from learned conditioning and habitual reactions that may be highly likely to muddle and complicate the current situation.  If legal action is taken based on such habitual reactions to egoic threats, there is a high likelihood that the current undesirable situation will repeat itself in the future.

A holistic law approach that helps to cultivate a more mindful, conscious approach to legal situations holds the potential of approaching challenging situations in ways that can positively transform the lives of all involved, instead of perpetuating current conflict and difficulties.

To learn more about holistic law practice, contact Attorney Michael Lubofsky at (415) 508-6263, or visit http://www.holistic-lawyer.com.

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Mindfulness

Mindfulness in Law Practice as Key To Optimal Client Solutions

The arising of most life situations calling for legal action or intervention involves the coming together of innumerable factors over time.  In order to craft and execute optimal legal solutions, it is necessary to consider as many of these pastors as possible.  This incisive approach is the primary goal of integrating mindfulness in law practice.

In traditional law practice, an attorney is primarily concerned with understanding the goals articulated by the client at the outset of representation.  Usually, these goals are considered in a dualistic framework in which client goals or objectives will be achieved at the expense of another.  This approach will most often overlook other factors present in the client’s situation which, if considered, could hold the key to identifying solutions that could help the client far into the future.  In certain situations, a client’s life could be truly transformed through this process.

Mindfulness in law practice requires intention on the part of both the attorney and client to move beyond preconceived notions, conditioned thought, and habitual reactions that may be causing the client to view his or her situation in a myopic fashion.  This is accomplished through mindfulness exercises integrated into the practice of law.  This is the primary goal of holistic lawyering.

To learn more about integrating mindfulness in law practice, contact Michael Lubofsky at (415) 508-6263, or visit http://www.mindfulaw.com.

By Michael Lubofsky

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Holistic Philosophy Law Practice Mindfulness

Holistic Law: Providing Optimal Clarity in Conflict Resolution

Almost by definition, involvement with our civil justice system presupposes the occurrence of some event perceptively violative of one’s conditioned notions of “right” and “wrong” behavior.  Such circumstances can easily serve to trigger habitual reactions towards “unfairness” that may stem from early life experiences and conditioning.  It is such conditioning that may cumulatively come to form the foundation of an “ego” or self-concept that may largely dictate one’s decision-making and overt behavior unless one becomes later able to dis-identify from these conditioned patterns and instead cultivate heightened conscious attention to present-moment experience.

Traditional law practice largely ignores one’s conditioned thinking and habitual reactions prior to determining a course of action.  Even if a client is able to enjoy a short-lived “victory” through the litigation process, ignorance of these dynamics is highly likely to do little more than perpetuate his or her unchecked habitual reactions in the future.  The attorney fails to to truly help a client in the long run, and often serves to accomplish little more than ensuring the likelihood that a similar undesirable situation will recur.

It is this likely recurrence of undesirable life situations that can result in a serious drain to the client in terms of further wasted time, physical and emotional energy, financial resources, etc.  Thus, by failing to employ a holistic approach, traditional law practice fails to truly serve the client.

In contrast, holistic law practice emphasizes work with clients to uncover conditioned thought and habitual reactions to facilitate a client’s dis-identification from these factors.  In facilitating this dis-identification, clients become far better able to view their situation with unprecedented clarity, less bound to the past, and can then work toward creative solutions to conflict resolutions that hold true transformative potential.

To learn more about holistic law practice, contact Attorney Michael Lubofsky at (415) 508-6263, or visit http://www.MINDFULAW.com.