From Maria Simpson’s Two-Minute Training
Conflict resolution is a much more complex process than just negotiating for a settlement of stuff, so I was really pleased that the recent conference of the Association for Conflict Resolution included a wide range a cross-disciplinary topics. Not only can the skills of mediation be applied to many different situations, but mediation can be influenced by other areas of study as well.
One of the most interesting sessions was presented by Rob McNiff on “Behavioral Economics and the Psychology of Conflict.” Behavioral economics is a relatively hot topic lately, so connecting it to conflict resolution seemed like an interesting path to explore.
Behavioral economics used to propose that behavior was driven by rational self-interest, that is, we would all do what was in our rational self-interest all the time. Well, we know that doesn’t work. Emotions take over and discount rationality if we really want a particular outcome.
McNiff discussed the concept of rational choice being “bounded” by emotions, cognitive abilities, knowledge, bias, willpower, and emotions among other things, so we can’t always appeal to our rational selves to resolve a dispute anyway.
While I am familiar with attribution bias, the belief that bad behavior is always a result of inherently bad character especially of a group other than our own, I was not familiar with other forms of bias that affect the outcomes of disputes.
The mediator can address these biases by doing a reality check, asking each side to explain the other side’s position, and asking one side to explain how the other side’s story makes sense to them.
There was way too much of interest in this session to do justice to it in this piece, but it was well worth the time.
The other cross-disciplinary session of particular interest to me was “Conflict Resolution: An Art Or a (Neuro) Science?” by Geoff Drucker, author of Resolving 21st Century Disputes. This session explained the brain’s process for dealing with a threat and how mediators can address this process to begin the conversation.
Initially the brain perceives a threat, and a sense of anxiety results. This perceived threat, whether or not it is actually the pack of wolves shown on the screen at the conference, is something that cannot be negotiated, so the brain prepares for flight or fight, and distractions such as logic and emotion are simply ignored. The brain is definitely not logical at this point, and rationality shuts down, causing us to “lose motivation and capacity to cooperate just when we need them the most.”
Mediators can reduce this sense of anxiety and promote cooperation by reducing the perception of threat and managing the time, location, format, and content of the mediation, demonstrating that the threat can be controlled. In addition, decisions get harder when there is too much information, too many options (more than six), no known rules that tell us what the “right” decision is, and the need is to avoid the decision, so these aspects of the mediation can also be controlled by keeping the discussion focused and homing in on a few options.
This discussion raised the idea of a “happiness set point,” something that has been discussed in relation to lottery winners who suddenly find themselves with huge amounts of money and unlimited possibilities. Lottery winners have said that they were extremely happy after winning, but whether they invested well or spent it all, eventually they returned to the degree of happiness they felt before winning.
Maybe the outcome of a mediation has less direct impact on our happiness than does our happiness set point, and we should aim for satisfaction, contentment, and a feeling of value as part of the outcome.
These two sessions demonstrated the complexity of conflict resolution and how we can learn from colleagues in other disciplines. More to come.
In the meantime, have a wonderful, peaceful week.
Last week I got a phone call from a third-year law student interested in learning more about mediation. Toward the end of our conversation, she told me that her fellow...By Diane J. Levin