jl_fb_2010_The_social_brain_during_mediation

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

© F.Bogacz & J.Lack – 2010 - All rights reserved.

Agenda

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

2

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

© F.Bogacz & J.Lack – 2010 - All rights reserved.

The Mediation Process (4 phases)

1.

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

•

2.

(“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.

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• 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

© F.Bogacz & J.Lack – 2010 - All rights reserved.

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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

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Level 2. The Limbic System: Emotions

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

Focus: The Limbic system, a pivotal hidden part

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

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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

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

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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

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• • • •

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

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300ms

400ms

500ms

s

min.

h

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

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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

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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

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© F.Bogacz & J.Lack – 2010 - All rights reserved.

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

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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

2 © F.Bogacz & J.Lack – 2010 - All rights reserved.

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

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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

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CARF

S

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.

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Source: D. Radecki – Neuroleadership Institute

CARF

S

•

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

•

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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

© F.Bogacz & J.Lack – 2010 - All rights reserved.

SC

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

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SCA

RF

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)

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© F.Bogacz & J.Lack – 2010 - All rights reserved.

SCAR

F

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 •

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

© F.Bogacz & J.Lack – 2010 - All rights reserved.

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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

© F.Bogacz & J.Lack – 2010 - All rights reserved.

During other phases

•

Respect Status

•

Create Certainty

• •

•

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• • • • • •

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

© F.Bogacz & J.Lack – 2010 - All rights reserved.

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?

© F.Bogacz & J.Lack – 2010 - All rights reserved.

Questions?

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

© F.Bogacz & J.Lack – 2010 - All rights reserved.

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