The purpose of mindful awareness or non-judgmental awareness is to promote calmness in the body and mind, less emotional reactivity and greater effectiveness in any activity. One concrete tool to increase mindfulness requires setting an intention for a specific project and taking a moment to take stock of your mindset, identify your mental and emotional state and assess whether you are following your intentions. The tool is perfect for use throughout a mediation by advocates who must play many different roles throughout the day and remain effective and creative.
The taking stock tool is based on an acronym for STOCK and it requires you to --
Stop.
Take a breath.
Observe your body sensations, thoughts and emotions.
Consider whether you're following your intentions. Ask what next?
Keep going.
This tool offers an opportunity for a silent mindfulness check to make sure that you are acting in accordance with the intentions and goals you've set for the process. Equally important, taking the time to take STOCK in the mediation process serves as a quick mindfulness check to keep you from veering down a potentially unproductive path such as of excessive negative emotion, reactivity, habitual ways of thinking or inadequate focus.
Taking stock throughout a mediation allows advocates to avoid common obstacles that arise in mediation. One common obstacle occurs when a party or advocate becomes stuck in an excessively self-centered perspective. Once stuck in this place, one is then unable to see the other party's perspective, much less change perspectives -- which is a necessary component to resolution. Using the taking STOCK tool, an advocate takes a moment to pay attention to the present moment fully and carefully. In the moment of checking in and observing internal processes, they have an opportunity to identify emotions, judgments or habituated thinking that may prevent them from seeing the full extent of the present moment, including the perspective and interests of the other side. If when taking stock you are able to identify that you are focused solely on the interests and perspectives of your client, you have an opportunity to step back and view the dispute more broadly. As a result of applying the tool periodically throughout a mediation, an advocate can increase her other-centered focus and ensure more effective representation and advocacy in the mediation.
In addition to taking stock of your own emotions and thoughts, the tool allows you to stay on track with your intention for the mediation. Examples of intentions for advocates in mediation are to get the best resolution for your client (of course!), to proceed in the mediation with empathy and respect for your client and the opposition and to be aware of the opportunities for a creative outcome that meets the interests of your client. In taking stock if you identify emotions that have little to do with your client and your intention set for your client, you can refocus your attention and efforts to better serve your client. For instance, if your check-in reveals a strong negative emotion and hostility toward opposing counsel, when you "Consider" what is next and mindfully "Keep going" you have the opportunity change course. In taking STOCK, you can set aside those distracting emotions and get reconnected with the intentions you've set for the mediation and for your client.
There is growing belief that mindful awareness is the key to increased civility in the legal profession. Certainly, there is a bounty of scientific research establishing that a mindfulness practice leads to reduced stress and a more positive outlook on life. In a profession rife with stress and high stakes, this new approach can help us as practitioners as well as our clients.
