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Law and Psychology

Combining Law and Psychology

At the core, most legal issues involve: (1) a specific behavior or series of behaviors; (2) pre-existing expectations held by people adversely impacted by the specific behavior(s); and (3) conditioned responses of those adversely impacted to the specific behavior(s) in question.  Stress typically results from these situations insofar as feelings of safety and predictability are […]

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Holistic Divorce Holistic Philosophy Law Practice Mindfulness

The Importance of Mindful Spousal Support

The issue of spousal support, especially when involving highly disparate incomes of a separating couple, is one of the most challenging areas of the divorce process.  Underlying the complexity are fundamental notions of “fairness” that may significantly differ for each spouse.  To successfully deal with the issue of spousal support in a way that minimizes negative […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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Holistic Philosophy Law Practice Mindfulness

The Danger of Defensive Reaction When Dealing With Legal Problems

Mindfulness has at its core the cultivation of a heightened ability to consciously connect with present-moment experience.  Doing this often involves a process over time of dis-identification from “ego” or thought-driven notions about how “I am” or “you are,” as a “separate” individual.  When we remain stuck in such learned conditioning, we are far more […]

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Holistic Philosophy Law Practice Mindfulness

The Role of Unsatisfactoriness in Legal Problems

The first noble truth in Buddhist philosophy is that life includes dukkha which is roughly translated from Pali by contemporary scholars as a sense of “unsatisfactoriness.”  From an evolutionary standpoint, being “wired” with this sensitivity makes sense as an internal motivator for humans to venture out into their environments seeking food, shelter, procreation, etc. One […]

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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. […]