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