Category: Holistic Mediation

Legal Conflict and Inherent Unsatisfactoriness

Mike

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 Licensed Psychotherapist and Attorney Michael Lubofsky at (415) 508-6263, or visit https://www.lawyertherapist.com.

Moving Beyond Divisiveness

Mike

In the current U.S. election, Donald J. Trump has campaigned on the slogan “Make America Great Again.”  The policies espoused by Mr. Trump as a roadmap to this “greatness” largely pit one faction against another, implying that his vision of “greatness” is necessarily dependent on the exclusion of others from this vision.

In addition, Mr. Trump has projected an immorality largely oblivious to the rule of law.  For example, when questioned on business practices that may have allowed him to avoid the payment of personal income taxes, perhaps for decades, he blames loopholes in the system, as if the system should be a dictator and enforcer of morality.

Stepping back from the candidates, however, what can become apparent is the energy with which a majority of the U.S. population is rejecting Mr. Trump’s underlying message.  The goal of this message appears to be to instill fear in as many people as possible as a means of garnering support for his divisive plans.

When we are in fear, our world becomes small, and our vision narrow.  We are triggered to acquire and even hoard what we can, even at the expense of others.

But we are on the cusp of a new consciousness that recognizes the importance of letting go of fear as a necessary precursor to building a sustainable, healthy society.  As a result of heightened mindfulness, increasing numbers of people are becoming experientially attuned to the reality that fear-driven behavior usually precipitates a downward spiral that destroys relationships, societies, and even life itself.

This fear-driven dynamic is also perpetuated by adversarial litigation.  When enmeshed in narrow fears, litigants clutch for whatever award they might realize.  This myopia operates largely to the exclusion of the interests of a much more broad circle of stakeholders.  Any decision made or action taken on such a basis is likely to be far less than optimal and actually harm relationships and society as a whole.

Holistic law practice, by rejecting the underlying notion of divisiveness inherent in adversarial litigation, is moving in step with our heightened societal mindfulness that has fueled much of the opposition to Mr. Trump’s divisive messages.

To learn more about how holistic law practice can help identify optimal solutions to conflict, please contact Psychotherapist and Attorney Michael Lubofsky at https://lawyertherapist.com, or by calling (415) 508-6263.