Mediation is a cornerstone of modern dispute resolution. But for many clients, entering mediation is not simply a matter of negotiation. It is a deeply personal and often destabilizing experience. Beneath the legal issues lie histories of trauma, loss, and vulnerability that shape how parties think, feel, and engage in the process. Lawyers and mediators who overlook these realities risk not only undermining the mediation but also causing harm to the very people the process is meant to serve.
This week I am going to be blogging on an article by Michael Saini, Raheena Lalani Dahya, and Shely Polak titled A Framework for Trauma-Informed Mediation: A Heart and Mind Approach to Conflict Resolution (Saini, Lalani Dahya & Polak, 2025) which was recently published in Volume 26:3 of the Cardozo Journal of Conflict Resolution.
In the article Saini, Lalani Dahya, and Polak propose a comprehensive model for integrating trauma-awareness into mediation practice. They argue that trauma-informed mediation offers not only better outcomes but also safer, more equitable processes for clients navigating some of the most difficult moments of their lives. In this three-part blog series we will explore the framework they put forward, with a focus on its application to Estates law matters.
Trauma, whether from childhood experiences, intimate partner violence, systemic discrimination, or sudden crisis, affects cognition, decision-making, and emotional regulation. For lawyers and mediators, overlooking these realities can not only derail mediation but also risk re-traumatizing vulnerable clients.
A significant number of individuals have faced trauma at some point in their lives, with sixty percent of men and fifty-one percent of women reporting at least one traumatic event. (2025 at 408)
These experiences are not peripheral to legal disputes. They often underlie them.
Trauma’s Impact on Conflict Resolution
Trauma is not just an event, it is the lasting imprint of experiences that disrupt an individual’s ability to process emotions, regulate stress, and engage in healthy relationships. Research shows that unresolved trauma can impair executive functioning, making it difficult for parties in mediation to think clearly, weigh options, or communicate effectively. Saini, Lalani Dahya, and Polak note that:
Trauma can significantly impair an individual’s ability to express themselves and interpret the communication of others, impair executive functions responsible for decision making, and cause either rigid or porous interpersonal boundaries. (2025 at 417)
In Estate disputes, where relationships are ongoing, these effects are especially pronounced.
Why Estates Law Needs Trauma-Informed Practice
Estate law matters, similar to family law matters, often involve deep-seated emotional wounds. As Saini, Lalani Dahya, and Polak observe, mediation in these contexts must consider not only the legal rights and interests of the parties but also the psychological realities of their interactions.
In practical terms, this means that mediators and counsel must recognize the signs of trauma activation, understand the limitations of their clients’ capacity when dysregulated (in a state where emotions, or other responses, are poorly controlled, extreme, or inconsistent with a situation, making it difficult to manage), and design processes that prioritize safety and fairness.
The Implications
For the legal community, the shift toward trauma-informed mediation it is essential. Clients cannot provide informed consent or exercise true self-determination when they are outside their “window of tolerance.” As Saini, Lalani Dahya, and Polak explain, a window of tolerance is a person’s neurobiological range in which they can effectively engage with others before becoming hyperaroused (anger, panic) or hypoaroused (numbness, withdrawal). Lawyers who push forward without a trauma-informed mindset which actively considers whether a client is outside their “window of tolerance” may inadvertently expose clients to outcomes that are neither voluntary nor just.
This blog series continues tomorrow with Part 2: Principles and Practice – Building a Trauma-Informed Mediation Process.
Thanks for reading and have a great day!