At the Bar - December 2021

Page 24

Is it Time to Trust Your Gut? Matt Pedersen*

Hard decisions are commonplace in the time of Covid-19, but should you rely on analytical reasoning or trust your intuition? Matt Pedersen, Strategic Sales Lead at LexisNexis, weighs the balance in this advertorial We all know what it means to “trust your gut feeling”. It’s instinct or intuition that you can’t explain, but you just feel like it’s right. But what is that feeling based on? And is it reliable? In the world of law and legal decisions, evidence is primary. You must focus on presenting the logical facts in relationship to the case, and an orderly, logical approach is encouraged. However, you’ll also be familiar with that intuitive spark which wakes you up at 2am with an “Aha!” moment. You might be inspired to change the course of questioning, place doubt on the defence or prosecution, introduce a different emotion to the situation… and all because your gut suggested it. The logical approach I’ve first described is called analytical thinking. When you’re thinking analytically, your brain processes information in a logical and step-by-step way to find a solution to a problem. This happens as you consciously gather information, divide it into small parts and then examine those parts to identify connections or trends. After you have evaluated the individual parts, formulated theories about the problem and then tested the theories, you can develop and evaluate possible solutions. The “Aha!” approach is intuitive thinking. This means going with one's first instinct and reaching decisions quickly based on automatic cognitive processes. Thanks to the Covid-19 pandemic and associated restrictions, New Zealanders are grappling with the mechanics of both analytical and intuitive decisionmaking like never before. This ‘upside-down world’ we’re all navigating under the Alert Levels is neither simple nor planned out, and it’s not easy to reason through the survival-based decisions we’re all forced to make. As we balance personal wellbeing against professional delivery requirements, schooling, disconnect from family and friends, career choices, holiday plans (or not), we'll be dealing with more personal "gut feelings" than ever before. We’re all making far more tough decisions than before Covid-19, and we can’t avoid involving our emotions and feelings in the process. Our emotions and feelings might not only be important in our intuitive ability to make good decisions. They may actually be essential.

It’s hard to think clearly when we’re bombarded with data, especially when the format is foreign to us. External stressors such as rising social division plus complex systems like the new Covid-19 Protection Framework with its traffic-light levels and vaccine passports can overwhelm our brains’ ability to process information analytically. Rest assured that there is plenty of evidence you can rely on your gut to carry you through. This dense network of nerves is sometimes called your ‘second brain’ because it communicates extensively with your brain via the gut-brain axis, using many of the same neurotransmitters to affect things like your mood. Neuroscientists suggest what you experience as gut feeling or intuition is actually your subconscious brain identifying a pattern. Your subconscious is continuously processing information on a level beyond your awareness, and it’s excellent at predicting future outcomes based on past experiences. The challenge, then, is: Do we consciously favour analytical thinking or intuitive thinking? Or do we allow the two to work in tandem for us as we navigate this dynamic world? As we continue to realign our daily lives, with our business decisions, our family and friendship status depending on the choices we make from an analytic or intuitive basis, I take strength from an actor I always admired – Sir Anthony Hopkins.

“Love Life Because What More is There?” I know, from speaking with NZBA members and legal professionals, that the “jury” is struggling with Covid19-related stress as much as the general public. If you feel like your brain is overloading under the new normal, you’re not alone. It’s important to draw on the supports we have around us. We consider LexisNexis to be that support for NZBA members’ practices and as we go about our lives in this environment and upholding the Rule of Law, we know that tough decisions are being made that affect us all. The team at LexisNexis are available to talk and support, so please do get in touch with me or any of the team if you feel the desire to let off some steam or just chat – call us. *This article is supplied by LexisNexis on behalf of the author. The opinions may not represent the opinions of LexisNexis. This document is for educational purposes only

REFERENCES • matterapp.com/skills/analytical-thinking • When to Trust Your Gut Alden M. Hayashi From the Magazine (February 2001)- Harvard Business Review • What is Gut Feeling - Updated On: 24 Feb 2018 By Akash Peshin - What Is A Gut Feeling? » Science ABC • Analytical Thinking: What It Is and How to Master It (magneticmemorymethod.com) • Intuitive Thinking • Instinct vs Intuition. When to Trust Your Gut Feeling (heartofsubstance.com) • The Science Behind Gut Feelings: Why do we have them and should we trust them? (concinnity.uk) • Analytical Thinking - The Peak Performance Center

24

DECEMBER 2021


Articles inside

Riding the Wave of Optimism – Being a circuit breaker for change

7min
pages 15-16

A new Incorporated Societies Act - a guide for societies

13min
pages 8-11

Coping with Ambiguity Now Covid’s Here to Stay

5min
page 28

Uncoupling – a guide to separation

5min
page 27

Events – recent events and ceremonies

2min
pages 33-36

Petrol Head's Corner - Cupra Formentor

7min
pages 30-32

Planning for the Future During a Pandemic – MAS on

5min
page 26

Let’s be Civil! – the true cost of incivility

3min
page 12

Family Mediation – is it working for dads?

9min
pages 17-19

Class Actions – the current situation

10min
pages 13-14

Book Review – Ngā Kete Mātauranga

8min
pages 22-23

Kōrero – what is happening in Chambers

5min
pages 20-21

Is it Time to Trust your Gut?

6min
pages 24-25

From the President – Paul Radich QC

11min
pages 4-6
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