The starting point for optimal conflict resolution is the ability to meaningfully connect to present-moment experience. This ability requires a high degree of consciousness able to not get caught in ego-driven thoughts of how things “should be,” ways in which things are “wrong,” and similar judgements.
In the absence of this connection to present-moment experience, our adversarial system presents a minefield for ego-driven reactionary behavior that will soon leave participants unhappy in ways likely to adversely affect their lives in a myriad of areas.
By contrast, heightened consciousness and present-moment connection in the midst of conflict contains the seeds of true transformation, peace and happiness. In a litigation context, this can happen when, for example, one of two adversaries has developed this heightened consciousness and approaches settlement negotiations no longer caught in his or her learned conditioning or habitual reactions. He or she is then far more able to be with the other party in an open, compassionate way. In most cases, the other party will soon pick up on this and will be far more likely to in turn shed his or her defenses and reactionary behavior. The door begins to open for true collaboration, paving the way for optimal decision-making and sustainable conflict resolution.
To learn more about incorporating mindfulness in law practice, contact Attorney Michael Lubofsky at (415) 508-6263, or visit http://www.mindfulaw.com.