Trial v. Mediation: The Lawyer’s Mental Health

During the holiday season, we, as lawyers, are finally (hopefully) given a break for a few days to be with loved ones.  However, the mental hurdles of litigation do not escape our minds simply because we give ourselves a few days off. 

For litigation attorneys, trials can often be seen as the cornerstone of the legal profession. For many lawyers and parties, it represents the pinnacle of advocacy and justice. Yet, behind the courtroom victories and well-crafted arguments lies a less glamorous reality: the significant toll litigation takes on a lawyer’s mental health. The high-stress environment, adversarial nature, and relentless deadlines can leave attorneys grappling with anxiety, depression, and burnout. For lawyers facing these challenges, mediation offers not only a viable alternative for their clients, but also a path to improved mental well-being for themselves (let’s put the ethical obligation to act in the best interest of our clients to the side for just a moment).

The Mental Health Challenges of Litigation

1. Chronic Stress: The adversarial nature of litigation often creates an “us versus them” dynamic. We all know this feeling, especially when not all lawyers get along with one another.  Moreover, lawyers must constantly be on high alert, anticipating opposing counsel’s moves and preparing counterarguments. This unyielding stress can lead to physical symptoms like headaches, insomnia, and long-term mental health issues.
2. Emotional Strain: Representing clients in emotionally charged disputes can take a personal toll. Whether dealing with contentious family law matters or high-stakes commercial cases, lawyers often absorb their clients’ stress and frustrations, leaving little room to process their own emotions. From experience, the lawyer sometimes even takes on more stress than their client. 
3. Burnout: Long hours, heavy caseloads, and the constant need to prove oneself contribute to high rates of burnout among litigators. Burnout doesn’t just affect professional performance; it also impacts relationships, physical health, and overall life satisfaction.

How Mediation Can Help

Mediation offers a collaborative, less adversarial approach to dispute resolution that benefits not only clients, but also the lawyers representing them. Here’s how:

1. Reduced Stress Levels: Unlike trial, mediation fosters a cooperative environment where parties work together to find mutually acceptable solutions. This shift in dynamic reduces the combative atmosphere and, consequently, the stress levels for everyone involved—lawyers included. The lawyers can also rely on someone else – the mediator – to do the heavy lifting. 
2. Emotional Resilience: In mediation, lawyers can step into the role of problem-solvers rather than adversaries. This focus on collaboration and creativity can be emotionally rewarding, as lawyers help their clients achieve resolutions that address underlying needs and interests rather than just legal positions.
3. Improved Work-Life Balance: Mediation resolves disputes faster than ongoing litigation and trial, allowing lawyers to manage their caseloads more effectively. With fewer late nights and long prep sessions, attorneys have more time to recharge and maintain a healthier work-life balance.
4. Client Satisfaction: Mediation can lead to more satisfying outcomes for clients because they have a hand in crafting the resolution. Moreover, the satisfied client is more likely to return as a client if they find the mediation process helpful.
5. Personal Fulfillment: Many lawyers find mediation to be a more fulfilling process. Rather than engaging in zero-sum battles, they can focus on fostering constructive dialogue and creating lasting solutions (although to be fair, many personal injury mediations are zero-sum). This aligns with the intrinsic motivations that draw many to the legal profession in the first place.

A Call to Action

As the legal profession increasingly acknowledges the importance of mental health, it is time to consider how our approaches to dispute resolution impact everyone involved. For lawyers feeling the strain of litigation, exploring mediation as an alternative can provide a much-needed reprieve while still delivering excellent results for their clients.

At AJS Resolutions, we understand the unique pressures faced by attorneys. Our mediation services are designed not just to resolve disputes efficiently but also to create a supportive environment for all participants. By choosing mediation, you’re not only prioritizing your clients’ needs but also taking a crucial step toward safeguarding your own mental well-being.