Mental Health in ADR

By Delilah van Tol

As we all know, the COVID-19 pandemic has influenced our lives on many different levels. Without underestimating the fact that it has worked as a positive accelerator in relation to some aspects of life, it is generally accepted that its negative impact was significantly higher.  It has been a rough year for the global economy, besides significant human losses. Furthermore, also it should not be ignored that the pandemic has a significant impact on our mental health. Many people feel depressed or lonely. But how does this affect or could affect ADR proceedings? As you may have read in earlier blog posts, we see that emotional well-being plays a big part in these proceedings. Think about divorces and pet custody, animal assistance, or equality proceedings. Is there a different outcome between such a proceeding being held during a “normal” period or in the midst of a global pandemic?

In 2019 the Angus Reid Institute research showed that loneliness and social isolation are more likely dealt with within the People of Color, Indigenous Peoples, those with mobility challenges, and LGBTQ+ community then within the general population[1]. A study has shown that dealing with loneliness and social isolation impairs the brain's executive functioning.[2] This entails the capacity to control attention, cognition, emotional behavior to meet social standards and personal goals better.[3] So we know that it affects our brain’s functioning but is the impact that severe that it affects our capacity to resolve conflict?

The person who might be dealing with a conflict or dispute and who suffers from loneliness and/or social isolation is altering the process of social information, representation of themselves and others, and engages differently with their environment.[4] This leads to being heightened to certain emotions and feelings; getting more insecure, getting more sensitive to threats and rejections.[5] Moreover, two systems in the brain are engaged while being in a conflict; (1) the limbic system; and (2) the thalamus region. The limbic system supports emotion, behavior, and long-term memory, while the thalamus is important to processing information that creates perception. As mentioned earlier, being lonely and socially isolated as many are during the pandemic will alter your brain. People have a different perspective of the environment, themselves, and other people. Emotions are less in control, and people take longer to process things or do not have a long enough attention span. All these negative impacts are very likely to be shown during ADR proceedings. Another negative impact is the trust issues that come with being lonely.[6] It will take more time to gain someone’s trust and to support the de-escalation of emotion.

An interesting note regarding ADR and mental health is that research has shown that alternative dispute resolution a positive effect has on mental health.[7] University that has taught ADR related courses saw a positive increase in the mental well-being of the students. It creates a place where students learn how to handle and tackle real-life disputes. Meaning that ADR could positively affect mental health, and mental health could have a negative or positive effect depending on the earlier named factors.

If you are struggling with your mental health or someone in your surroundings, go to the following website https://checkpointorg.com/global/ for helplines in your country.

[1] The Angus Reid Institute Canada, 2019

[2] Cacioppo & Hawkley, 2009

[3] Penny van der Berg ‘Looking inside the brain: Loneliness and Conflict’ (Mediate, May 2021) < https://www.mediate.com/articles/vandenbrain.cfm > Accessed 31-05-2021

[4] Ibid.

[5] Cacioppo, Thisted, & Hawkley, ‘Perceived Social Isolation Makes Me Sad: 5-Year Cross-Lagged Analyses of Loneliness and Depressive Symptomatology in the Chicago Health, Aging, and Social Relations Study’ (2010, Volume 25. NO. 2, 453-463)

[6] Penny van der Berg ‘Looking inside the brain: Loneliness and Conflict’ (Mediate, May 2021) < https://www.mediate.com/articles/vandenbrain.cfm > Accessed 31-05-2021

[7] Howieson, Jill, ADR education: Creating engagement and increasing mental well-being through an interactive and constructive approach (2011). (2011) 22 Australasian Dispute Resolution Journal 58, UWA Faculty of Law Research Paper , https://ssrn.com/abstract=2503268 > Accessed 01-05-2021