In recent years, the legal profession has seen a growing emphasis on adopting alternative approaches to dispute resolution. An initiative that has gained significant attention is the Mindful Business Charter – a permissive framework set up to guide individuals and organisations to work in more mindful ways, to reduce the unnecessary stress experienced in work, and to promote healthier and more effective ways of working.

I was recently part of a taskforce of senior legal professionals working in litigation to create a charter specific to the conduct of litigation, which is, by its very nature, contentious and adversarial.

The charter acknowledges that litigation can be stressful and emotionally charged, with tight court deadlines and clients keen for their legal representative to adopt an “aggressive” approach in order to secure their preferred outcome.

However, the charter encourages signatory organisations to commit to certain principles, including fostering a culture of respect, openness and inclusion. Additionally, it encourages parties involved in litigation to work together in a more cooperative manner, with a focus on reducing conflict, stress and costs. It encourages practitioners to be mindful of their conduct: a robust strategy to resolve a dispute does not mean that a litigator needs to adopt an aggressive or hostile approach.

I am fascinated by psychology and neurobiology and the effect that our thinking can have on our mental and physical wellbeing. In the Mindful Business Charter Guidance for Litigation Professionals, we touch on the amygdala (the part of the brain that regulates our approach to threat). Litigation, given its adversarial nature, is arguably more prone than other legal disciplines to involve behaviour that we are, often unconsciously, likely to perceive as a threat.

The litigation charter consists of eight statements of principle for practitioners to keep in mind. It provides a series of example scenarios which explore the application of those principles to a range of commonly experienced circumstances in litigation. The guidance is not mandatory nor does it seek to prescribe particular actions or behaviours, but rather to encourage mindful consideration and good practice, to help improve wellbeing and indeed mindfulness in the legal profession.

The principles centre around the nature of litigation; the role and duties of litigation solicitors; behaving objectively, dispassionately and with respect, and being mindful of our own impact. The principles discuss strategy versus conduct and encourage reflection. The guidance is effectively a call to arms for the profession, encouraging everyone to take responsibility to effect meaningful change for the better administration of justice.

The charter is cross jurisdictional and I spoke about its potential for wide international application at London International Disputes Week last month. In a small jurisdiction such as Scotland, it’s often important for parties to preserve commercial relations whilst resolving their dispute. By applying Mindful Business charter principles, a dispute can be resolved more amicably often resulting in lower legal costs, less stress and an expedited resolution of the case.

By applying Mindful Business Charter principles, a dispute can be resolved more amicably often resulting in lower legal costs, less stress and an expedited resolution of the case

The Mindful Business Charter presents an opportunity for the legal profession in Scotland to adopt a more mindful, collaborative and efficient approach to litigation. By embracing its principles legal professionals can transform the litigation landscape, focusing on resolving disputes effectively while prioritising well-being, reducing costs and enhancing client satisfaction. As Scotland's legal community continues to evolve, the Mindful Business Charter offers a promising framework for positive change.

Mindful Business Charter is a Call to arms for effecting change - Naomi Pryde