BRIAN PAPPAS: UNIVERSITY OF NORTH DAKOTA SCHOOL OF LAW, DEAN
MINDFUL LEADERS IN THE LAW: An Interview with Brian Pappas
Welcome to the Summer edition of the Mindful Leaders in the Law interview series. Our goal, through this series, is not only to strengthen our community by sharing interesting conversations with some of the amazing individuals who make-up MILS. We hope, by spotlighting the paths and practices of others, to also inspire and empower our members to build their mindfulness practices in creative ways that are uniquely satisfying to them. I had the opportunity this month to talk with the newly appointed Dean of the University of North Dakota School of Law, Brian Pappas. Brian is a long time meditator and has even integrated mindfulness principles into his mediation (not meditation) practice and teaching. In this month’s interview Brian discusses the intersection of mindfulness and more traditional approaches to dispute resolution. He also talks about his goal of integrating more mindfulness into the culture and curriculum of UND Law School and the idea of teaching the “whole” student. Many thanks to Brian for taking the time to provide thoughtful and interesting responses to my questions.
Q: I start each interview with the same question: how did you first start practicing mindfulness and meditation?
A: It actually started in an interesting way. I was taking a Buddhism course as a senior at Michigan, and I confused the final exam time so that I was arriving to the exam room when everyone else was finishing. The TA, recognizing my distress, quickly took me to a separate room, allowed me to sit for the exam, but first led me through a brief mindfulness exercise to clear my mind. I remember beginning the exam with clear and calm mind and it left a great impression. On more than one occasion I have been able to reciprocate the TA’s compassion and kindness for one of my own students arriving late for an exam. Not too long after that I was staying with an aunt and I came across Thich Nhat Hanh’s book, Peace is Every Step. I couldn’t put it down and I started my mindfulness journey from that day forward.
Q: Congratulations on your new role as the dean of the University of North Dakota School of Law. What role do you see mindfulness playing in the culture and curriculum of UND Law?
A: I am very thankful to be in this new role- I can’t think of a better place to be! Mindfulness is already part of the culture of UND Law. One of our emerita professors, Patti Alleva, was a great proponent of teaching the “whole” student and she uses a phrase that I love- a practice she calls the “humility of open-mindedness.” Patti’s ethos is a big part of UND Law’s culture, and I am thankful to have already spent time with her. The student affairs professionals at UND Law are also very much focused on student wellness. I will be looking for ways to integrate mindfulness even more into our culture and curriculum. For example, I will be leading a weekly mindfulness session in our mock courtroom every week (as I build a group of student, faculty, and staff co-leaders). I am also hoping to develop a “happiness” index for our faculty, staff, and students in order to identify where we can improve and further support wellness and mindfulness.
Q: Do you think the legal profession might ever get to a place where mindfulness and well-being skills are viewed as core competencies for graduating law students?
A: It is so important for future lawyers to develop self-awareness and compassion as they complete a challenging academic path. We truly must develop the “whole” student and waiting until entering law practice to build these competencies is like only learning to swim once the boat has sprung a leak.
Mindfulness is especially important for professions and individuals that serve people in distress. People get really mad and experience a lot of suffering in conflict. They often call their lawyers out of anger. My dream is for more people to call their lawyers because they want help with collaboration and creative problem-solving.
It is more difficult to help people in distress if we are unable to help ourselves. Self-awareness is essential for learning and so I already view mindfulness as a core competency. It is how we help develop “learners,” and not simply students who are seeking a grade. Thanks to MILS, there is a growing awareness of mindfulness among legal academics and administrators. I attended a new dean’s conference recently, and mindfulness was something mentioned in more than one session.
Q: As someone who teaches about mediation and conflict resolution, in what ways do you see mindfulness intersect with the more traditional approaches to dispute resolution?
A: For me they are inseparable. I wrote an article in 2019 called “Mindful Mediation,” in which I describe my mediation practice as a meditation. It is the secret of how I am able to be effective as a mediator. So much of conflict is a result of miscommunication. To prevent conflicts and repair the results of conflict, we have to listen well. Listening for me is very much a mindfulness exercise. I became a better mediator through mindfulness, and I became a better teacher and mediation trainer when I focused on mindfulness as a core component of how we can better communicate and improve relationships. Being present is really essential for effective communication in any dispute resolution setting. For example, it is very difficult to master the art of cross-examination without staying present and in the moment with what the witness is saying. Staying collected and present is essential.
Q: I know you have taught mediation and conflict resolution overseas. Do you have an impression as to whether practitioners in other countries are more or less receptive to integrating mindfulness into their dispute resolution practices than their U.S. counterparts?
A: I utilize mediation in every class I teach, and it is universally well-received because I believe as humans we all experience stress and suffering. My impression is that receptivity to incorporating mindfulness into their conflict resolution practices and professional lives varies based on two interrelated factors. First, whether the culture tends towards a collectivist versus individualistic orientation. More collectivist cultures tend to place a higher value on relationships and that leads to greater receptivity. Second is the degree to which the legal culture seeks to mimic western/U.S. legal norms, and where they are along that path. Those further behind are more litigation focused, and are working to incorporate mediation in a way that is acceptable to the more formal legal system. As a result, there is often less openness to mindfulness practices. I recently spent time in Scandanavia, and I saw how one person can make an amazing impact. I met Gert Eldrimmer, a mediator and trainer in Sweden, a country that is behind others in their use of mediation. Gert was amazing in his mindfulness orientation and his teaching and practice focuses on self-awareness.
Q: What advice would you give young lawyers and law students who want to balance their career success with their overall physical, emotional and psychological well-being?
A: Develop good habits now! Legal education and law practice are not endpoints, but too often we say “when this case concludes, when I graduate, when I pass the bar…”. It is too easy for us to convince ourselves that we do not have time to eat well, to exercise, to do things we enjoy. Too frequently we recognize we are unhappy long after we became unhappy. A daily mindfulness practice can help us stay attentive to what we need and how we are feeling.
The other thing I would recommend is to remember that Rome was not built in a day! Former Supreme Court Justice Cardozo, when asked about the secret to his productivity, described it as a “plodding mediocrity.” He was being modest, but I find great truth in the idea that consistency and everyday good habits are better than “burning the candle at both ends” to achieve instant results. The quality of the journey will lead to the most satisfying destination!
Q: Do you have a favorite quote or expression that reminds you of why mindfulness and well-being are priorities in your life?
A: For most of this year I have been writing two phrases in my planner: First, “acceptance and suffering do not exist together” and second, “it is not successful people who are happy, but happy people who are successful.” I do not know the source of these ideas offhand, but they are very meaningful to me. The first phrase is a reminder to me that it is often my resistance to what is happening that causes my unhappiness. If I accept what is happening, and see it clearly and accurately, it dissolves my suffering and I am more likely able to find strategies and ways of impacting the situation. The second phrase is a reminder to me to focus on the journey and not the destination.
Q: Do you have a “Summer of 2022” reading/watching list? If so, do you have any recommendations for MILS members? Bonus points if anything on it relates to mindfulness or well-being.
A: I have been rereading Cal Newport’s book, Deep Work. It truly is a manifesto for how to slow down in order to increase your productivity. I find so many parallels to mindfulness in the book. I recently watched a history channel show on Netflix called “Alone.” It is about survivalists who are sent to a remote wilderness region of Canada to see who can survive the longest (they are monitored closely for health issues and pulled from the competition if there is any danger). These are not amateurs and I was amazed by the skills the individuals displayed in foraging, hunting, building structures, etc. Most interesting to me, many participants describe how the time being isolated led them to confront their own thoughts and feelings. Quite a few described it helping them better understand their goals and leading them to set different life priorities.