Legal Addiction

We are sentient beings, such that we can crave stimuli to the point of even addiction -- experiences we have within the legal system are no different, because we can also crave the sensory "highs" of litigation.

This begs the question: are we in fact addicted to and do we crave litigation?

Let’s begin our assessment by considering that in 2013 the United States business community spent hundreds (100’s) of billions in legal costs, which dwarfs the world opium industry based on $68 billion in 2009 statistics.

Like addicts for opium crave that product, we may be addicted to the adversarial & contentious nature found in our modern business legal system. In my experience, as a dispute resolution focused business attorney, our legal system may invoke a form of addiction to aggressive & litigious behavior, which is rewarded and reinforced by societal norms & peer pressure.

Is it possible that the criterion for drug addiction can apply to our modern legal system, demonstrating our addiction to litigation?

Are we “hooked” on the process of litigation and the operant rewards we receive from the cycle?

Based on the DSM-5, the technical definition of addiction is compulsively seeking and using a stimulus, despite awareness of the harmful consequences.

We as a society are aware of the harmful consequences of business litigation, to such an extent that most of my business dispute clients joke about “losing their business in the lawsuit;” yet disputants are reluctant to embrace alternative dispute resolution models.

Only recently have businesses utilized alternative dispute resolution processes, with slow and hesitant progress.

Perhaps, we crave the combative nature of business litigation in particular due to the “highs” we experience, coupled with the “withdrawals” we experience in the form of impairment or distress.

Think about it: business owners and corporate executives are habituated to “lawyering up” and posturing at any sight of legal conflict for the risk of appearing weak or facing societal impairment.

We believe we must fight and be combative since “everyone else is doing it.”

Thus, we may have an even bigger epidemic in our country than drug addiction, and that could very well be a “legal addiction.”

Let us close by reflecting upon the following: what is the worst that can happen if you use a mindful or collaborative style, namely alternative dispute resolution processes? Both sides can maintain their business relationships, cut-down on time, save on unnecessary legal costs, and preserve mental health.

My mother always said, “just because everyone else is doing it, does not mean you have to;” so consider the sobering alternative dispute resolution choices you have the next time you think about getting your litigation fix when faced with a legal conflict!

DISCLAIMERS: - Not all business legal disputes are ripe for alternative dispute resolution, such that some warrant litigation and a traditional process - I am not a psychologist or mental health professional, and the opinions expressed above are informal