New York City's Brad Roth on Mediation & Meditation
It is great news that the alternative practices of Meditation and Mediation are being taught early on to Law students, creating a positive mindset of collaboration and peace-making, as opposed to the adversarial negative mindset of competition and conflict. This teaching will shape young minds and the young are the key to evolution in the Law.
When I first heard attorney and mediator Bradley Roth speak about the “Mediation and Meditation” course he teaches as an Adjunct Professor at John Jay College of Criminal Justice, City University of New York—I was very excited! Bradley and I met on the Project for the Integration of Spirituality, Law and Politics (PISLAP) Zoom Community call in May 2020, during Coronavirus (COVID-19) ‘lockdown.’ UK and European subscribers of The Conscious Lawyer online magazine were invited to this PISLAP community call, the aim of which is to give people, “the opportunity to share about our endeavours, aspirations and the challenges we each face in moving the legal culture in a more healing direction, and integrating spirituality into law and politics. “
Bradley’s legal experience includes employment law, intellectual property, and commercial litigation matters, and he provides services on a pro bono basis in the areas of election protection, voter rights, and immigration law. Prior to his work in the private sector, he served as an attorney and mediator while on a fellowship at the U.S. Equal Employment Opportunity Commission (EEOC), and he co-founded and serves as chair of Mediators Beyond Borders International – New York, which is focused on creating a more “peace-able” world.
Bradley was inspired to create the course, “Mediation & Meditation,” after attending a “Meditation & Mediation” workshop provided by Thomas Hübl and William Ury, the latter being a co-author of the seminal book in negotiation, ‘Getting to Yes,’ which is universally used by mediators. Bradley’s course focuses on the theory and practice of mediation and explores how meditation can enhance one’s capacity to resolve inner and outer conflict. Students participate in mediation role play sessions, guided meditations, and exercises that enable them to acquire basic competency in fundamental dispute resolution techniques and that deepen their understanding of the relationship between mediation and meditation. Each student also interviews a mediator regarding what practices they use, if any, to maintain awareness and equanimity in the midst of conflict.
I am truly grateful to Bradley for sharing information about his course with me, and agreeing that I in turn could share my thoughts about it with you.
In my view, it is great news that these alternative practices are being taught early on to students, creating a positive mindset of collaboration and peace-making, as opposed to the adversarial (negative) mindset of competition and conflict. This teaching will no doubt shape young minds, and the young are the key to evolution in the Law. Bradley says, “Some students choose to attend law school after they graduate from John Jay College, while others pursue careers in law enforcement, forensic psychology, mediation, academia, social work, and public service, among other fields.” Consequently, many will likely take the skills learned in their “Mediation and Meditation” course far and wide into their respective workplaces and communities.
Although teaching meditation and mediation jointly is not yet commonplace at law faculties within universities globally, I have total confidence and belief that in time, such subjects will be the new ‘norm.’ Indeed, lawyers may one day look back at our time and be surprised that lawyers were trained to resolve conflict within a legal adversarial process built upon a foundation of the pillars of competition, separation, one-eyed truths and conflict! As Martin Luther King Jr. famously said, “Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that.”
This news means that there is hope for a meaningful transition to increased awareness and raised consciousness through legal-related education, with a consequent positive impact on the way lawyers, clients, judges and all participants of legal systems, will experience the practice of law.
At the end of the day, “We cannot solve our problems with the same thinking we used when we created them.” Albert Einstein.
In the same way, I advocate that lawyers cannot resolve conflict if their minds are set on pursuing adversarial legal practices. It is time for all law faculties at universities and all law societies around the world to embrace a different mindset—one informed by meditation, mindfulness and mediation training. When participants at all levels of the legal system approach conflict resolution from the perspective of peace, real ‘Justice’ can be achieved.
Meditation and Mediation
“Meditation focuses attention primarily internally, for example on the breath, noticing thoughts, emotions and internal bodily sensations, then letting them go.
Mediation focuses attention primarily externally, for example on communications and interactions between conflicted parties, noticing and discussing what is not working in their relationship, then asking what might be done to improve or let go of it.”
Source: Ken Cloke's article, “Mediation And Meditation: The Deeper Middle Way” (https://www.mediate.com/articles/cloke10.cfm)
What is Mindfulness?
Paying attention to your moment-to-moment internal and external experience: your thoughts, emotions, sounds, the environment – with an attitude of openness and curiosity, and without judgment.
What are some of the benefits of Meditation to Mediators?
Kenneth Cloke, author of ‘The Deeper Middle Way,’ says that it is not uncommon for Mediators who Meditate regularly to experience the following benefits in their Mediation Practice:
- Improved ability to stay calm and balanced in the presence of conflict and intense emotions;
- Greater willingness to move beyond superficiality in conversation and move into the heart of whatever is not working effectively;
- Expanded sensitivity to the subtle clues given off by the parties, indicating a shift in their thoughts, feelings and attitudes
- Deeper insight into the nature of suffering and what might be done to release it;
- Greater awareness of what apparent opponents have in common, though they emphatically disagree and even dislike each other;
- Improved creative problem-solving skills and ability to invent or discover imaginative solutions;
- Expanded capacity to calibrate and fine-tune insights and intuition;
- Greater sensitivity to the natural timing of the conflict;
- Increased willingness to engage in ‘dangerous’ or ‘risky’ conversations and raise sensitive issues without losing empathy;
- Decreased investment in judgments, attachments, expectations and outcomes;
- Increased ability to be completely present, open and focused;
- Reduced stress and burnout.
Who else uses Mindfulness and Meditation at Work?
Corporations: More companies are joining the Mindful / Meditation movement, recognising that the benefits to employees’ mental health includes: increased creativity, focus and productivity.
Examples include: Apple, Google, Yahoo, eBay, Nike, Target, and Ford are just some of the corporations which promote employee mindfulness / meditation.
Education: Mindfulness is now taught in 370 schools in the UK, and the 10-minute Mind, a Mindfulness program, is being offered at approximately 30 universities worldwide.
Sports: Examples include: the NBA Chicago Bulls and the L.A. Lakers (One Breath, One Mind), Boston Red Sox, Golden State Warriors.
For further information on Mindfulness Meditation, see:
https://www.nytimes.com/2019/02/04/world/europe/uk-mindfulness-children-school.html
https://the10minutemind.com
https://www.nytimes.com/2017/09/07/learning/lesson-plans/cultivating-mindfulness-for-educators-using-resources-from-the-new-york-times.html
https://www.youtube.com/watch?v=aqz7R-QalqY
https://www.mediate.com/articles/cloke10.cfm
Recommended Mediation-Focused books
Bringing Peace into the Room: How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution, by Daniel Bowling & David Hoffman
Getting to Yes, by Roger Fisher, William L. Ury and Bruce Patton
Inside Out: How Conflict Professionals Can Use Self-Reflection to Help Their Clients, by Gary J. Friedman