Applying neuroscience for better mediation
The brain is often described as divided into three parts: the “reptilian brain” that controls instincts, the “limbic system” that controls emotions, and the neocortex that controls rational thought. The classic view is that rational thought of the neocortex controls the “lower” reptilian and emotional brains. Currently neuroscientists think of the brain as a [Read more..]
Mediators face strong emotions all the time. We can view these emotions as the most challenging part of the job or see them as a window into the conflict. Neuroscience can help us cope with the challenges and take advantage of the opportunities. We have discussed the inherent problems in venting during mediation in a prior [Read more..]
In our last post we looked at the definition of implicit bias and why it is present. Now we will look at ways to counter implicit bias. Reducing Implicit Bias One scientific study reduced implicit bias over a period of at least two months (PG Devine, et al., “Long-term reduction in implicit race bias: A [Read more..]
We recently presented a program at the American Bar Association Dispute Resolution Section Spring Conference on the Neuroscience of Implicit Bias. The presentation included a brief overview about implicit bias, a discussion of how and why implicit bias exists, how it can impact mediation and the neuroscience of implicit bias. We concluded with ideas to [Read more..]
Traditional facilitative mediation has long been structured as: 1) Joint session, 2) Caucus, 3) Joint session (with additional rounds as necessary). This structure is often found in community mediation settings and was once common in commercial mediation. In recent years, commercial mediation often skips the opening joint session and frequently is conducted entirely in caucus. This change [Read more..]
Mediation training has long viewed venting anger as a useful tool for restoring a positive psychological state. This practice has been handed down as received wisdom through several generations of mediation trainers, practitioners, and theorists. Beware, this venting myth can be dangerous Venting negative emotions triggers the physiologic stress response by increasing the level of the [Read more..]
Jill and Martha, the Mediation Myth Busters, are presenting at the ABA Dispute Resolution Spring Conference in Washington, D.C. on Thursday, April 5, 2018, 10:00 – 11:00 am. Our topic is: Staying Neutral in a Biased World: The Neuroscience of Implicit Bias. Humans are not hard wired toward a particular bias but as a [Read more..]
Mediators have many tools for facilitating an effective mediation. Neuroscience shows how our actions are influenced by stress hormones released when we perceive threats. Understanding the physiological stress response and its triggers helps us see why these traditional tools are effective. 1. Building Trust and Rapport: The stress response is triggered when threats outweigh [Read more..]
Biologic differences between men and women result in different reactions to conflict. Normally, men outperform women in seeing a situation from another perspective, but under stress, women outperform men. Culture also influences behavior during conflict. 9. Consider the effects of testosterone levels. Men are subject to daily cycles of testosterone, highest in [Read more..]
Strong emotions are common in mediation. Parties often arrive at the session full of resentment and joint sessions can provoke anger, disappointment, or embarrassment. Ignoring strong emotions is risky as it is trigger for the physiologic stress response. 6.Encourage parties to name their emotions rather than labeling them. Mediation training often suggests ways [Read more..]