THE IMPACT OF NEUROSCIENCE AND

NEUROBIOLOGY ON ADR PRACTICE Dr Paul Gibson*

* IAMA, Accredited Workplace Relations (ADRAs) provider.

In The Beginning ....

My Interest in this ....?

Unintended consequences of

• Innate Social Behaviour (of the Parties)

• Unconscious Human Behaviour (of the ADR Practitioner)

My Focus ....

My Goal

“The Development of

Professional Practice”

Where did my journey begin ....?

later ....?

ISBM 2012 -Admont, Austria Dr Daniel Siegel (MD)

And then ....?

ICC Mediation Competition, Paris, Feb 2013

A Confronting Experience in Mediation ....

“…… I would like to take one minute of our time - to be silent.

We have important work to do here together.

We need to reflect on what brought us here; we need to decide what we want to take away;

we need to understand what agreement would mean to us.

Can we now please just sit in silence for 1 minute and think about these things?”

(Mediator, Parties & Counsel sit in silence for 1 minute)

Jason Meek, Esq.

ADR Practitioner Choices ....

Directive (process)

B Directive

Non-Evaluative

D Directive

Evaluative

Non-evaluative (subject matter)

MEDIATION

A Facilitative

Non-Evaluative FACILITATION

ARB/CON

C Facilitative Evaluative

CONCILIATION

Evaluative (subject matter)

Facilitative (process)

Source: Based on L Riskin’s Grid (2009) Adapted by: J Lack (Geneva & London)

A Theory of Conflict .... Positions & Emotions

(What we see & hear)

“The Ice-Berg Model of Conflict”

Adapted from J Lack, Geneva & London

Needs

Wants

Perceptions

Assumptions

Mythology

Concerns

Beliefs

Values

Fears

“Convictions” (F Freeracker)

All this remains to be discovered

Amplified by any of: • Anger • Frustration • Disappointment • Ignored • Insulted • Disrespected • Hurt • Disillusioned • Betrayed • Exasperated • Loss

The “Card Carrying Sceptic”....

“FAD” “Rocket Science”

“Cosmology” “Valuable”

Some Interesting Facts ....

The Human Brain

• Has tripled in size in last 3m yrs. • Weighs about 1.5 kg (av.) – 2% of body wt. • Takes about 20% of our O2

• Uses about 25% of our glucose store

To Simplify - let’s start with 3 areas of the brain …. (Paul Maclean – The Triune Brain Theory)

Reptilian – 400m yrs. old – “The 4 F’s”

Limbic – 250m yrs. old – “Emotions”

Neocortex – 500k yrs. old – “Reason”

Pre-frontal cortex (“Executive Brain”) – “Gate-keeper”

Some More Interesting Facts ....

“The Limbic Brain”

• First emerged in mammals

• Responsible for emotions

• Seat of value judgements

• Unconscious influence on behaviour

• Amygdala is stimulated & responds to danger & fear – it’s about survival !!

New Tools – f-MRI ....

What has f-MRI discovered ....?

In the Human Brain Negative Social Experiences, & Threatening Physical Experiences activate same part of the brain as physical pain

“Social pain can be as painful as physical pain, as the two appear synonymous in the brain” …. David Rock

Examples ....

Negative Social Experiences

• Insults, nastiness • Rejection • Social exclusion • Discrimination

Threatening Physical Experiences

• Intimidation • Bullying • Abuse

Both are “Threatening Situations”; Both create a “Threat Response”

What is the significance of this ....?

“Conflict” Threatening

Situation Release of

Epinephrine

“Emotional Response”

“Fight”

Blood flow to Limbic

Resources deployed

(O2 & Glucose)

“Freeze” Triggers

Response

“Flight”

Neuroscience highlights the circuitry needed for “successful social interactions”

And so what are the Options ....?

Pre-frontal Cortex (Executive Functions) Cognitive performance

• Planning • Problem solving • Decision making

Focussed • Logical, rational

• Cognitive • Creative

• Bold • Calm

Distracted • Suppressing unwanted thoughts

• Anxious • Using mental

resources (overload)

“You can’t be distracted (fearful) and focussed (rational)

at the same time”

And so what is the challenge in ADR ....?

Pre-frontal Cortex (Executive Functions) Cognitive performance

• Planning • Problem solving • Decision making

DO WANT

Focussed • Logical, rational

• Cognitive • Creative

• Bold • Calm

DON’T WANT

Distracted • Suppressing unwanted thoughts

• Anxious • Using mental

resources (overload)

IN ADR “We want calm, engaged, creative,

adaptive and positive reactions. We need the Executive Functioning maximised”

Additionally the Neuroscience tells us ....

“Threat Response”

• Uses O2 & Glucose • Impacts conscious processing • Diminishes cognitive resources

…& • Creates highly activated brain • Inhibits perceptions of subtle signals • Tendency to generalise more • Makes more accidental connections

(wrong assumptions) • Reduces ability to collaborate with, or

Influence others …&

• Creates more Threat Responses…..

And this is the

Challenge

for

the

ADR Practitioner

Contrast this with ....

The “Approach or Embrace” Response

• Creates “social engagement”

• Willingness to do difficult things • Think deeply • Be creative • Solve problems • Take risks

• Interest, joy, & happiness stimulate Dopamine (needed for learning & creative functioning)

Some perspectives for ADR ....

Med

Potential Interactions 1. Within P1 2. Within P2 3. Within Med 4. Between P1 & P2 5. Between P1 & Med 6. Between P2 & Med 7. Among P1, P2 & Med

P1 P2

The Mediator is Managing This

Possible Outcomes 1. Threat or Rejection

Responses (negative), or

2. Engagement or Approach Responses (positive)

So to Summarise our Intention....

Ideally we want Parties engaged; we want their pre-frontal cortexes working well: • Integrative (coordinating inputs from Cortex, Limbic & Body); • Enables creativity, problem solving & decision making; • Facilitates good, clear thinking; • Facilitates empathy (understanding the other Party); • Deals well with subtleties (make accurate assumptions)

Without this: • We lack self control; • We lose insight into ourselves; • We act on irrational impulses; • We lack empathy; • We feel justified in exhibiting harsh & harmful behaviours; and • We make poor (and harmful) decisions.

Threat v Reward ....

LIMBIC SYSTEM

Once aroused…. • Makes accidental

connections;

• Sees things pessimistically “glass half-full”, “fears the worst”

• Tries to “protect us”

Threat v Reward – David Rock’s SCARF Model ....

Looking at “Bias”....

BIAS “An assortment of stereotypical beliefs and

attitudes about social groups” (Carpenter, 2008)

150 known Biases (Wikipedia)

Conscious Bias (Explicit)

Awareness & Intent

Unconscious Bias (Implicit)

No awareness that Bias exists, or

influences behaviour

It’s the Unconscious Bias that really matters ....

• Skin Tone • Race • Asian • Age • Gender • Career

BIASES

• Weight • Sexuality • Native • Arab-Muslim • Disability • Religion

About Hidden Bias

“Substantial evidence has accumulated for the influences of implicit stereotypes

on (people’s) judgement & behaviour”

“Hidden biases reveal themselves in action – particularly under stress, distraction, relaxation or competition”

The Purpose of Bias ....

“It’s About Survival – a Danger Detector”

• “Better to be safe than sorry” • Hardwired into us

• Part of the “ancient” brain • Helps us filter information!

• Saves Energy (“thought about it before”)

“Affinity” Bias is the Most Common (Homophily – love of the same)

• “Tribal” – you’re one of us! • Based on both Status & Values

• Homogeneous networks • Limits diversity

• Implicit prejudice

Other Common Biases ....

Post-Event Rationalisation

Confirmation

Observational Selection

Bandwagon Effect

Status-Quo

Projection Negativity

Anchoring Current Momentum

Why should we care …. ?

BIAS Affects judgements about –

• Determination of Facts • Credibility of Witnesses, • Perceptions of Parties • Weighing of Evidence

• Making of Decisions & Awards • Design of Process

+ WANT Professional &

Ethical Behaviour

- DON’T WANT Unintended

Consequences

Example of Intentional Behaviour – “Priming” ....

Priming is an implicit (unconscious) form of human memory, in which exposure to a particular stimulus influences a response to a later stimulus.

Can include perceptual, semantic or conceptual stimuli.

Example: Yellow – Banana

Consider Jason Meek again ....

“…… I would like to take one minute of our time - to be silent.

We have important work to do here together.

We need to reflect on what brought us here; we need to decide what we want to take away;

we need to understand what agreement would mean to us.

Can we now please just sit in silence for 1 minute and think about these things?”

(Mediator, Parties & Counsel sit in silence for 1 minute)

Jason Meek, Esq.

So what can we do about our Biases ....?

1. Develop Awareness (take the Test - “Implicit Association Tests”)

Project Implicit Services https://implicit/harvard.edu/implicit

(Harvard University., University of Washington & University of Virginia)

2. Become Mindful

• Reflection – “keep a journal” • Mindfulness Training – “change habits”

3. Seek Feedback

• “Post Practice” surveys • Debriefing

And to Summarise our Work ....

As ADR Practitioners….

We are minimising or limiting Anxiety

We are promoting higher order thinking & Cognition

We are stimulating Creativity

And this means….

Taking a “Balcony” view (getting off the “Dance-floor”)

Being aware of our own Biases & unconscious behaviour

Creating new neural pathways (in others & in ourselves)

My Focus....

My Goal

“The Development of

Professional Practice”

Worth Remembering ....