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Howard Gardner has identified six R’s, which are helpful in helping people to change their minds. They are: reason, research, resonance, re-description, rewards and real world events.
Reason is employed by way of the use of argument in order to persuade.
Research is used in order to collect facts, also with the purpose of persuading, often a mediation is a conflict between competing facts.
Resonance appeals to the feeling part of the human personality. Does a proposal feel right? Some people rely heavily upon resonance, and prefer it to a reasoned and researched position. Orators and advertisers seek a message that will resonate their audience.
Re-description can be profoundly effective. Matters are often expressed in the negative, but when changed into a positive form of expression, convey a completely different and more attractive meaning. Mediations are often a persistent attempt to re-describe the problem in order to make solutions seem more attractive.
Rewards are an important part of any negotiation, and are usually accompanied by penalties. This is often known as the “stick and carrot” approach.
Real world events can have the effect of changing parties’ perceptions completely. Such events may be quite trivial, like going out for lunch. After lunch, what was said in the morning and rejected out of hand may, with the benefit of the simple event of several hours passing and a meal, seem much more attractive.
The ever-present problem of the mediator is that parties do not want to budge, but unless there is some change they start to get impatient. So the job of the mediator is to continue to make some progress, so that there is a perception of movement. This is necessary in order to keep the parties at the negotiating table. So it is helpful to the mediator to be able to play upon the six R’s, developing a facility with each one, in order to keep the parties going through the process in a productive way. Ultimately, the matter must be resolved, not by the mediator but by the parties themselves. The combined focused attention of their minds is what will accomplish the result that they have come to mediation to achieve. The mediator, by using the six R’s, helps to maintain the process to its successful conclusion.
Admitted to practice law in California and England, Charles Parselle is a founding partner of Centers for Excellence in Dispute Resolution - CEDRS.COM - and a sought-after ADR professional. An experienced litigator, he enjoys the confidence of both plaintiff and defense bars as a gifted facilitator of dispute resolution. He obtained his law degree from Oxford University. He has been in law practice in California since 1983. He writes and speaks frequently on dispute resolution, and teaches mediation internationally for the Institute of Conflict Management. He has also served as general counsel to a multi-national organization, and as general counsel to an Australian company specializing in the sale of high-tech security equipment, and as general counsel to an entertainment company in Los Angeles, California, concentrating on intellectual property and employment issues. He is a member of the State Bar of California, the Bar of England and Wales, the Federal District Court mediation panel for the southern district of California, the 2nd District Appellate Court Mediation panel, Beverly Hills Bar Association, San Fernando Valley Bar Association, Southern California Mediation Association, British American Bar Association. Born in southern Africa, brought up in England, educated in Australia and U.K., resident of California, he brings an international perspective to the ADR process.
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