Dispute Resolution and Human Brain Insights

Alternative Dispute Resolution (ADR)

• ADR is an alternative to litigation, trial, and expensive conflicts.
• It avoids power imbalances, conceding defeat, and disempowerment.
• It's fundamentally an alternative to disputes.

Understanding the Human Brain

• The amygdala is triggered in fight-or-flight responses.
• It forms connections alongside the limbic system.
• The prefrontal cortex is responsible for language, memory, and decision-making.
• Amygdala is activated by stress, potentially hindering effective communication and resolution.
• Helping clients access their prefrontal cortex is crucial.
• Understanding a client's needs and pathways to resolution is critical.

Disputes

• Disputes are conflicts or disagreements, often less serious than formal conflicts.
• Most people resolve disputes without lawyers.
• Conflicts escalate to disputes when a resolution isn't readily apparent.
• Conflicts escalate to disputes when a resolution isn't readily apparent and when a lawyer is required.
• Adversarial systems are based on brinkmanship.
• A crucial difference between conflict and combat.

Understanding Civil Disputes

• Civil disputes are varied.
• They involve contracts, business dealings, personal injury, landlord-tenant issues, and more.
• They span individuals against institutions or businesses, businesses against each other and more.
• Many civil disputes deal with challenging government decisions including housing, child welfare, and more.
• Disputes generate conflicts which can have significant impact on people's lives
• Even commercial disputes can have real-world impacts on people's finances and well-being.

Impacts of Disputes

• Disputes disrupt people's lives and lead to change.
• Disputes concerning family relationships or property can impact individuals greatly.
• Disputes can affect financial stability, well-being, and more.

Resolution

• Resolutions can be obtained, even with equal parenting time.
• The intention behind a resolution may be to improve relationships.
• Some resolutions are accessed via a court system.
• The majority of disputes don't require lawyers.
• A significantly low percentage of disputes require legal intervention (e.g., around 3% of separating families).
• Pre-emptive clauses in contracts define dispute resolution pathways (e.g., arbitration).

Dispute Resolution Skills

• Legal professionals need dispute resolution skills.
• Scope of specific forums (e.g., courts vs. arbitration) is important.
• Dispute resolution is an ongoing process that begins with first interaction with client.
• Lawyers must understand the client's position to be effective.
• Dispute resolution is often about transforming the original problem into a legal process that will resolve the dispute.

Lawyers as First Responders

• Lawyers, as first responders, act with caution and skepticism.
• They focus on 'just in case' scenarios to avoid undue risk.
• Judge's perspective is different than client's, thus perspective is crucial
• The solution might not be apparent initially, thus a well-defined problem is important.