jl_fb_2010_The_social_brain_during_mediation by HELENA NEVES ALMEIDA

The social brain during mediation: a tentative model François Bogacz – Convirgente Jeremy Lack – Altenburger Ltd. legal + tax

Agenda

• Why this session and a WARNING • The brain’s organizing principles and the • • •

resulting challenge to mediators A model to address the challenge: SCARF SCARF applied to the mediation process Conclusions and looking forward

The Mediation Process (4 phases)

Preparation (opening phase) • Explanation of the process, the rules and the role of the mediator • Negotiation of a common understanding as to procedural matters

•

(“contracting”) Coordination between the parties (written submissions, opening statements, time, etc.)

Identifying topics for discussion (exploration phase) st • 1 joint session – joint sessions and separate meetings/caucuses • Identification of needs, interests, points of agreement/disagreement, BATNAs/ WATNAs Reality testing (reevaluation of positions)

3. 4. 5. 3

• Evaluation of options and new solutions (negotiation phase) • Brainstorming (without evaluation) • Analysis (with evaluation) • Selection Drafting and reviewing the agreement (conclusion phase) • The role of the lawyers Exequatur/homologation and implementation/enforceability

THE SOCIAL BRAIN: ORGANIZING PRINCIPLES & THE RESULTING CHALLENGE TO MEDIATORS

The “Triune Brain” = 3 Phases of Evolution See : Paul D. MacLean http://en.wikipedia.org/wiki/Triune_brain

Level 3. The Neocortex: High-order thinking & cognition

Level 1. The Reptilian Brain: Survival Source: http://www.solarnavigator.net/biology/ biology_images/brain_animal_comparisons.jpg

Level 2. The Limbic System: Emotions

Source: http://www.cop.com/info/346edb.gif

Focus: The Limbic system, a pivotal hidden part

Source: « Mindsight – The new science of personal transformation » by Dan Siegel – Bantam – January 2010

Principle # 1: we evolved to avoid pain and seek reward

• Our biologic survival mechanism, governed by memories of stimuli, makes us unconsciously (i.e., automatically):

• Avoid pain and danger = “Away reflex” • Seek rewards = “Toward reflex” 7

Principle # 2: “social” stimuli are as powerful as physical ones

Source: Lieberman and Eisenberger, 2009. Takahashi et al. Science 2009

Principle # 3: danger is more dominant than reward

Threat/ Pain

The Mediator’s Challenge: How to systematically minimize perception of danger & maximize perception of reward during mediation?

• • • • •

Faster acting Stronger Longer lasting Adversarial capacities up Cognitive capacities slowed down • More likely

• • • •

Reward

Slower acting Milder Shorter Cognitive capacities up (i.e., pre-frontal cortex decision making) • Less likely

Source: Dr Dan Radecki – Neuroleadership Institute

Principle # 4: emotions can be regulated Minimize danger (“away”) & Maximize reward (“toward”)

Thinking & Feeling

Emotion • • • •

Automatic sensory-motor response Sensory trace Glutamate (GABA) Brainstem-limbic arousal (feedforward) • Time = 0-300 ms

Time 10

• • • •

Controlled responses initiated Selective attention Monoamines Cortical-limbic arousal (feedback) • Time = 300 ms – 1 s

Automatic

Significant stimulus

Selfregulation • Planned sensory-motor activity • Short to long-term memory • Neuropeptides & Hormones • Whole brain arousal interactions • Time = 1 second

Self-generated (Cognitive) 10

0ms

100ms

200ms

300ms

400ms

500ms

min.

Plasticity

Source: NeuroLeadership and Integrative Neuroscience Journal: “it’s about Validation, stupid!” - Dr Evian Gordon - 2008

The way to use emotions better

Cortex The Cognitive Road

Sensory Thalamus

The Instinctive Road

Amygdala

• Emotions are gateways to a person’s most basic needs. • They can be used to promote cognitive awareness of what may be really driving the conflict • When emotions are appreciated cognitively, the “away” reflex can be abated 11

4 critical junctures for mediator intervention

2. Draw attention to something else • Give a task • Change topic

Situation Selection

Situation Modification 1. Change the situation • Take a break • Caucus

Attention Deployment

4. Non-violent communication (e.g. giraffe vs. wolf speech)

Cognitive Change

Response Modulation

3. Reframe & reformulate • Create a dissonance (e.g., role-play)

Source: Ochsner & Gross - 2005

Principle # 5: The X and C Systems – 2 gears

• •

•

Two systems coexist to screen new behavioural data and assess the “other person” “X-System” = 1st gear

• •

•

Reflexive, in charge of perception Performs rapid pattern-matching operations on data to check if consistent with beliefs/ autobiographical memory “Basic” thinking

“C-System” = 2nd gear

• • •

Reflective, in charge of thought Uses intentional memory Complex thinking

"Knowledge may give weight, but accomplishments give lustre, and many more people see than weigh.“ - Lord Chesterfield, Letters, May 8, 1750

We tend to coast along using only our X-system

Based on Lieberman et al. soon to appear in Advances in Experimental Social Psychology

When can you change into 2nd gear?

• Insignificant Default mode by X-System “the groove”

•

Dissonance

Significant Low

•

Cognitive capacity

•

High

C-System is invoked to cognitively resolve the incoherence and regulates the X-system

• C system regulates the X system

Tendency not to think cognitively but react Too much pre-existing cortical load reduces the capacity to deal with dissonances with the Csystem In a “toward” mode, the C-system does a much better job in regulating the X-system It helps to recognize/ reinforce good behavioral surprises to activate the C-system (increases significance) Provide time/space for the cortex to have high potential capacity

Based on Lieberman et al. soon to appear in Advances in Experimental Social Psychology

A GUIDING MODEL TO STEER YOU THROUGH THE CHALLENGE:

SCARF

The SCARF model

By using the following 5 key drivers of social behavior, you will maximize the chances of “success” in your mediations Threat

• Status • Certainty • Autonomy • Relatedness • Fairness

Reward

= SCARF

Source: David Rock, Neuroleadership Institute http://www.your-brain-at-work.com/files/NLJ_SCARFUS.pdf

SCARF

Importance of Status

• Our perception of our position relative to another person is our # 1 motivation

• Binary: We “compute” our status using similar circuits • •

as for processing numbers (Xiao, 2003) Resource-intensive: The brain representation of status in relation to others affects cognitive processes (Zink, 2008) Powerful:

• An increase in status is similar in strength and impact to a financial windfall (Izuma et al, 2008) • Winning an argument probably feels good because of the perception of increased status and the resulting reward circuitry being activated

CARF

Certainty: your brain seeks predictions

I cnduo't bvleiee taht I culod aulaclty uesdtannrd waht I was rdnaieg. Unisg the icndeblire pweor of the hmuan mnid, aocdcrnig to rseecrah, it dseno't Type mttaer taglineinhere waht oderr the lterets in a wrod are, the olny irpoamtnt tihng is taht the frsit and lsat ltteer be in the rhgit pclae.

Source: D. Radecki – Neuroleadership Institute

CARF

•

The brain is a prediction machine & error/relevance detector

• •

“Uncertain Pain” is stronger than “Certain reward”

•

Without prediction, the brain must use more resources that then won’t be available to regulate emotions Even a small amount of uncertainty generates an “error” response in the brain, which dominates and takes attention away from one’s goals

Information is key

•

Risk (informed decision) is a lesser threat than ambiguity (missing information) (Hsu et al. 2005)

Our brain tends to categorize quickly: “friend vs. foe” = to avoid danger

•

Not meeting an expectation can have a much stronger negative impact than meeting an expectation

Resource-intensive:

•

Importance of Certainty

Meeting someone unknown (the mediator) may generate an automatic fear response

ARF

Importance of Autonomy

• Freedom stimulates “toward” mode • Restrictions stimulate “away” mode • Autonomy is an “anti-stress” medicine

• A feeling of having a choice dramatically decreases •

stress levels and increases cognitive capacities ACBD (=Always Consult Before Deciding)

• Autonomy Certainty

• The brain likes to be able to predict and have a say in the future

SCA

Importance of Relatedness

• We are gregarious animals.

• Mirror neurons create non-verbal communication

• We see social comfort as a reward

• Oxytocin release impacts trust, for good or bad • A handshake, swapping names and discussing something in common, be it just the weather, may increase feeling of closeness by causing the release of oxytocin (Zak et al, 2005)

• Understanding similarities helps concessions

• Self projection (and status comparison) • It’s rewarding to see others win if they are similar to ourselves and likeable (Mobbs, 2009)

SCAR

Importance of Fairness

• Unfairness is like acute pain

• Brain regions associated with primary rewards are

active when people receive fair offers, compared to unfair offers of equal level

• Fairness affects Relatedness

• Empathic neural responses are modulated by the perceived fairness of others

• Rewarding cooperation leads to more cooperation

• The more the cooperation is rewarding, the higher the •

probability of cooperation again (Rilling et al., 2002) Once I’m satisfied, satisfying somebody else is rewarding (Tricomi et al., 2010)

APPLICATION OF THE SCARF MODEL TO MEDIATION

Why the opening phase is a critical moment

•

First physical/intuitive impressions

•

Status

•

• •

• • • • •

Relaxation, positive energy, friendliness … Anchor words and concepts You never have a 2nd chance at a 1st impression Clarify & acknowledge Status (role, powers & limits, etc) Use confidentiality to grow Status to that of a “trusted person”

Certainty/Autonomy

• • • •

Explain “The Process” as their process & help to set an agenda especially for parties who are new to mediation Emphasize choices: voluntary, non-binding, etc. Elicit expectations carefully to avoid disillusions Divide the process into phases to increase certainty

Relatedness

•

Emphasize “their process” and “their outcome”

Fairness

• • •

Discuss “Fairness” as a possibly shared value Discuss psychological sense of Fairness as a subjective concept Fairness is not the “neutrality” or “impartiality” of the mediator

During other phases

•

Respect Status

•

Create Certainty

• •

•

• • • • • •

Mutual respect Emphasis on subjective needs and interests Active listening Summarize Reformulate Discuss steps

Acknowledge Autonomy

• •

ACBD Creates choices

Grow Relatedness

• • •

“Looping” Joint sessions v. caucus? Improve relatedness

Demonstrate Fairness

• • • • •

Emphasis on mutual rewards Time devoted to each party Neutrality in perspective taking vs. empathy Reserve empathy to caucuses? Reality testing v. arguing the other side’s position

To conclude, some general rules

• Safety first!

Reducing the occurrence of perceived “dangers” must be your top priority

• Perceived threats or social pains by a party during •

mediation have a quicker, bigger and longer lasting impact than a reward Think of a “beige” mediator and hotel room

• Capitalize on rewards to maintain cognitive capacities but…

• Don’t overestimate the PFC capacity to sustain a long • 26

effort : take breaks and vary tasks PFC fatigue means reduced inhibition so use the late hours with caution: push or let the parties sleep on it?

Questions? François Bogacz fb@convirgente.com +351 91 699 68 08

Jeremy Lack lack@altenburger.ch + 41 22 789 50 20