Is ADR Better For Your Well-Being?
The CBA is promoting a focus on well-being for lawyers this week. I’m delighted. I think law practice has some built-in systems that tend to create not-so-happy mental states.
Like litigation.
We have an adversarial legal system. The idea is conflict leads to the truth (the model: examination v. cross examination = truth = resolution of the conflict).
I think the conflict hurts our well being.
There is a story of a lawyer who lost his trial and, while walking down the stairs to leave, hurled his briefcase, which flew open and scattered his trial papers like a storm. An unhappy man.
Did you known other countries have different systems of dispute resolution?
In criminal cases, France has an inquisitorial system. The judge “inquires.” Her role is to bring out the facts with an interest in discovering the truth (v. adversarial, in which each side seeks to “win” the contest of what is true).
Here is my premise: an adversarial system = adversity = mental stress for the participants.
Mediation is not an adversarial process. It is a kindred spirit of an inquisitorial system (although lawyers often bring their adversarial role to the process - this is their training and I work with that).
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As a mediator, I am inquiring. The lawyers are helping me understand. I am guiding them to a fair agreement.
Yesterday I mediated a case in-person. A beautiful day. We had the windows open. If you’ve ever been to the KALON loft in the Colt Building in Hartford, you’ve seen immediately the open space and high ceilings. That is intentional. I don’t mediate in a conference room. I mediate in a space that is a metaphor for mediation.
My resolution rate in that space is high. Maybe the essential factor is me. Maybe it’s the loft. Maybe it’s the process.
A process that is:
Not adversarial.
It is inquisitorial.
And as we reach the end of our mediation journeys, the parties are often smiling and shaking hands. Not once has a lawyer hurled his briefcase.
Mediation: It is good for your mental health.
Chris