Negotiation Behaviour and Breaking Deadlock Dr Karl Mackie CBE CEDR
Conflict and Psychology • Civil justice and commercial/civil The CEDR Story disputes • A “business disruptor” campaign - Mediation vs Litigation - Mediation vs Arbitration
• Seeking sources of influence - corporates, senior judges, government • A massive campaign amongst influencers Achieving Social • Credible expertise and training Transformation • Early successes • Court rules, incentives and sanctions • Contract clauses
A process framework • Confidential/without prejudice What is your • Authority to settle theoretical • Document exchange model? • Open sessions • Private caucusing • Bargaining • Concluding – Binding legal agreement?
Why 70-80% result? • The right people in the room • A purpose/focus - resolution Mediation as • Quasi-formal status/ritual Turbo-Charged • Independent chair/coach/influencer Negotiation • Impartiality or multi-partiality Process • Listening, communicating, clarifying options • Realism of options • Decision time!
Psychological fundamentals - Cognition Why does • System 1 thinking mediation surpass • System 2 thinking sophisticated • Cognitive biases negotiator - (Confirmation bias, loss aversion, etc.) results? Mediation process - triggers greater space for reflectiveness
Psychological fundamentals – Cognition and Conflict Emotion reactions – • The elephant and rider metaphor Neuroscience and emotional/ • Mediation cognitive - calms the elephant impulse processing – - helps the rider re-think/ get in charge Fight, Flight, - nudges the elephant track Freeze or Fold? - alters and reframes language
‘Groups’ and ‘Context’ as conflict influencers • Our environment/group influence our Priming and Influencing attention more than we realise • Groupthink and tribalism • Mediation resets context/language • Mediation can alter groupthink dynamics • Mediation can open new perspectives
The neuroscience of empathy or how to manage difficult conversations • Active listening • Open and attentive body language How do you • Summarising and reflecting eat an • “Safe space” and resonance elephant? • Reality-testing/perspective
• Positional vs principled negotiation • ‘Hard’ vs ‘soft’ bargaining • Anchoring The • Insult zone → zone of potential agreement psychology of • Persuasion and influence negotiation • The psychology of momentum theory • Mediation = Turbo-charged, high intensity negotiation
• Organisational conflicts and leadership • Business in the public space • Social change and social media • A mediation model in politics? Beyond ‘Legal’ • Climate change as a case study? Mediation?
• Annual commitment by CEDR Foundation hosted by Allen & Overy • Conflict Management, Negotiation and Communication training for aspiring leaders under 30 • Open to people from all sectors and all backgrounds • Alumni network and on-going support and training Learn more: cedr.com/foundation/dialogue or Investing in YouTube: CEDR New Dialogues – investing in future leaders Young Leaders
Questions?
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