Therapeutic jurisprudence: Some thoughts and resources

Knowledge of the brain and the mind, and of their role in conflict and its resolution, is not only helpful in alternative dispute resolution but also in adversarial proceedings. Neuroscience certainly should have its place at the table when the discussion is about how to make any kind of dispute resolution as effective, appropriate, and respectful as possible.

And neuroscience can contribute valuable insight to the discussions about therapeutic jurisprudence.

"Legal Proceedings Can Be Therapeutic, Study Finds," an article from earlier this week in Science Daily, begins with an explanation of therapeutic jurisprudence . . .

It may seem that therapy and law do not share a common bond, but one University of Arizona law professor is making that connection by developing a body of knowledge to prove that legal proceedings can be calming and supportive.

The theory and practice David B. Wexler helped create -- termed "therapeutic jurisprudence" -- could strengthen interactions between clients and judges and improve the way trials and hearings run. It also could change negative perceptions about law.

"Law school teaches you about rules, arguments and logic -- but not the impact of the law on the emotional life or well-being of people," says Wexler, a distinguished research professor in the James E. Rogers College of Law. "That has been an underappreciated aspect of the law -- a dimension of the law that has been ignored."

Wexler says a goal of therapeutic jurisprudence is to "mitigate the stress and trauma associated with the legal process." Of course, one way to facilitate that goal is to know how the mind and brain are

involved  in stress and trauma and the lessons neuroscience has for mitigation. We have look at some brain-based methods of mitigation here at BonP and will continue to do so in the future. Jeff and I discuss them frequently when refining our seminars, too, so will be posting more of them. Let's call methods of mitigation MOM, for short. Seems like kind of an appropriate acronym.

Before I go, I wanted to give you some more TJ information. I recently posted some resources on idealawg; here are the links . . .

Click for some free articles on therapeutic jurisprudence. (At his mediator blah...blah..., Geoff Sharp has quoted from one of those articles.)

Clicking this link takes you to information about an upcoming conference which will include TJ, plus some information about the book The Affective Assistance of Counsel: Practicing Law as a Healing Profession. Professor Wexler is speaking at this conference.

Hat tip to Carolyn Elefant for the Science Daily article.