Compassion

Legal Conflict and Inherent Unsatisfactoriness

To a significant degree, our counterproductive reactions to most situations involving conflict are a function of the extent to which we cling to inaccurate views of the nature of life.  A primary Buddhist teaching relates to the truth of suffering and the inherent unsatisfactoriness of existence.  This “unsatisfactoriness” is often manifested in the impermanence, pain and perpetual incompleteness intrinsic to all forms of life.

In modern American society, most of us have lived with decades of pervasive conditioning that life should provide us with lasting “happiness.”  In order to successfully promote goods, services, ideas, etc., the idea of happiness continued in these messages promises some perpetual state of bliss devoid of pain and suffering.

Problems begin to surface when we come to internalize this notion of “happiness” to a point at which we unconsciously accept these messages as truth.  Once this misguided idea of the nature of reality has been adopted, we are well positioned for highly charged reactions to life situations that do not square with these internalized ideals.

Almost invariably, situations arise that are painful.  These situations involve loss in the form of relationships, material acquisitions, physical health, and eventually life itself.  One’s refusal to accept these realities of existence will eventually cause one to react to conflict either by simply denying reality inherent in the situation, or by pushing back in a futile effort to manipulate reality so as to make these situations “go away.”

This type of reactionary behavior and denial can be extremely unhelpful and damaging when facing legal conflict.  Defensive reactions aimed at preserving egoic ideals of how life “should be” can effectively sever one from an ability to open up to a wider, more holistic view of the situation at hand.  Viewing the situation from such a constrained vantage point will usually preclude identification of optimal solutions to conflict.

The integration of mindfulness with law practice offers the potential of moving beyond one’s conditioning that life should not include suffering.  In so doing, people involved in legal conflict may become far better able to identify and implement optimal solutions that can serve to fundamentally improve their lives long after concrete legal issues have been resolved.

To learn more about the transformational potential of holistic law practice, contact Attorney Michael Lubofsky at (415) 508-6263, or visit his holistic law and mediation website at http://www.Holistic-Lawyer.com.

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.

The Importance of Compassion in Effective Dispute Resolution

An increasing number of studies point towards the integral role that compassion and empathy for others plays in cultivating happiness and well-being. Compassion arises from a felt connection to all of life in the present moment. Compassion lies beyond thoughts and preconceived notions about a person or a given situation.

The typical adversarial approach to conflict resolution that pervades contemporary civil justice in America is rarely effective in cultivating compassion and/or empathy. Instead, one’s thought-driven notions of how things should be most often form the basis of an attorney’s litigation strategy.

Such a failure to elicit compassion and empathy can explain why, far more often than not, legal or “courtroom” victories ring hollow for a prevailing party soon after a fleeting sense of ego gratification dissipates.

In contrast to this prevailing adversarial model, holistic law practice has as a primary objective the cultivation of compassion and empathy prior to the development and implementation of a concrete legal strategy. A fundamental precept inherent in the holistic approach is that optimal, lasting solutions to interpersonal conflict arise from beyond ego, thought, and preconceived notions.

To learn more about holistic law practice, contact Holistic LawyerMichael Lubofsky at (4-5) 508-6263, or visit http://www.mindfulaw.com.

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