Lawyers and Personal Conflict

angry.couple.1I like lawyers.  Some of my oldest, dearest friends are lawyers.  It’s really the same thing that has me coming back year after year to teach counseling skilargumentls to law students.  Lawyers, as people, are smart, funny, generally very positive and full of life.  This is even more so for law students – with their youth and energy.   Yet one thing has always bemused me about lawyers – They are a conflict resolution profession that hates interpersonal conflict.  Take mediation, for example.  The classic approach to mediation is to sit the disputing people down together and have them talk to each other.  The mediator’s job is to help this process by creating a safe environment where each person will have their space to express what’s on their mind and help in phrasing it in a way that is both true for the speaker and also said in way that can be heard without defensiveness.  It is almost guaranteed that if we are accused of something (or feel we are being accused) we will automatically become defensive and the speaker will be hugely frustrated at the fact that they are not being heard.  This is just one of the realities of interpersonal conflict resolution – helping people speak to each other in a productive fashion.  Lawyers, however, find the possibility of sitting in the presence of emotion that can become hot and possibly escalate to be too potentially destructive, so they choose, almost invariably, to separate the people (or groups) in argumentdispute.   This is kind of consistent with one of the most poignant elements of lawyers’ discomfort with conflict – how they fight at home.

One of the real problems with legal training is that lawyers feel they have to “win” an argument.  Often by “winning” this means being able to explain their position either clearly enough or with enough supportive evidence (and examples from the past) that their partner will ultimately relent and admit that they are right.  So how does one deal with the reality that you don’t “win” marital arguments?  When what is at stake is each person’s deepest needs, fears and vulnerabilities, “winning” seems beside the point.  It certainly won’t get us what we want, which is peace and connection.  I wrote a blog post about a year or so ago about the two different conversations couples have when they are in conflict.  The one that we try to win is the unwinnable one.  How’s that for a conundrum?  The way out of it, I think, is to understand that no relationship will touch on our deepest needs, fears and vulnerabilities like our intimate partnership.  If we are going to have these feelings, this is going to be the place.  Learning to understand them, express them, listen to them and connect with them, while often uncomfortable, is the way out of that maze.

Remember the McDonald’s Coffee Case?

Back in the 1990’s a New Mexico jury awarded Stella Liebeck more than $2.8 million against McDonald’s because she spilled hot cocoffeeffee on her lap.  This has been brought up to me many times over the years as proof of the dangers of frivolous personal injury suits.  “She sues because she is burned by hot coffee?  Ridiculous.”  A new documentary is on Netflix called Hot Coffee which explores the case and its aftermath.  I invite you to take this short quiz to see what you know about this case:

1.  Stella Liebeck was: (a) A 16 year old girl (b) A 32 year old mother of 3 (c) A 79 year old widow.   Answer

2.  When the accident occurred, Stella was: (a) Driving (b) In the passenger seat of the moving car (c) In the passenger seat of a parked car.  Answer

3.  The temperature of the coffee was: (a) Over 180 degrees F. (b) Around 120 degrees F. (c) Around 150 degrees F.  Answer

4.  Stella Liebeck’s injuries were mainly: (a) A painful rash on her thighs which lasted for a month (b) Third degree burns on 6% of her body (c) Painful blistering on her thighs and buttocks: Answer

5.  The case went to trial because: (a) McDonald’s offered to pay her medical bills, but she thought they should pay punitive damages (b) McDonald’s offered $250,000 but she wanted $1,000,000 (c)  She asked for payment of her medical expenses and lost income (about $160,000) but McDonald’s offered only $800.  Answer

6.  Had McDonald’s been given any notice that hot coffee may be a problem? (a) About as much notice as you and I have that hot coffee is hot (b) A couple of people over the past 5 years had been burned (c) McDonald’s had received about 700 complaints of burns from excessively hot coffee.  Answer

The point is:  READ ON

The Little Things

I went out to my car last week and found the rear window smashed and two things taken from my back seat – an empty briefcase and aLock.3 ratty old Jansport backpack with my gym stuff in it.  “They” did it in the middle of the night. (Don’t you want to find out who “they” are?…your own personal “they’s”)  Anyway, while the briefcase was well worn and nice, my biggest sense of loss came from the theft of my combination lock.  I remember years ago when I opened the packaging and read that the combination was 28 -2-8.  C’mon!  It just can’t get any easier than that….and I loved my combination lock.  I felt so lucky to have picked it out.

Martin Seligman, one of our greatest psychologists, has long studied happiness.  He has been striving for years to develop an approach to mental health treatment which transcends the age-old medical model of diagnosis of a “disorder” and then working to eliminate the “disorder.”  Seligman wondered why we can’t move above the baseline of functionality, into the realm of happiness and well-being.  This notion has captured the enthusiasm of a large segment of the mental health community.  Just note the surge of people incorporating “mindfulness” into their practices.  Mindfulness is both a way to ease stress and internal pain and a path to affirmative well-being.

So what does a combination lock have to do with Seligman and positive psychology?  Well, one of the most important tools for achieving well-being is appreciation.  Cultivating a sense of appreciation for the good in our lives cushions us against the deeper dismay which will always accompany loss.  Also, appreciation buoys our spirits in the day to day.  One of Seligman’s best exercises is the “Three Blessings.”  Each night before you lay down to sleep, take a notebook or piece of paper and write down three blessings of the day just ending.  This will train your mind to be alert to both the big and the little things which we can appreciate in life.  These little things can be a pleasant exchange with our partner or a friend; the burst of life in the leaves that are unfolding as Spring arrives; the wag of our dog’s tail because we are really, really loved; the good feeling from not eating something we know isn’t good for us; a great movie we just watched or the bike ride we completed.  Nothing should be taken for granted.  We live in a world which may often seem bent on eroding any sense of well-being.  We can keep that force at bay when we embrace the little treasures.

I’m going to store today and will myself to pick a lock with my birthday as a combination.  I’ll tell you how it goes.