Brains On Purpose™

Take a closer look at what the media report: Recent studies about fairness and empathy

Reading about research in the media sometimes can be misleading. Here are two recent examples. First, several articles and blog posts have covered "The Sunny Side of Fairness," research out of UCLA by Golnaz Tabibnia, Ajay B. Satpute, and Matthew D. Lieberman.

An article about the study at physorg.com is titled "Are humans hardwired for fairness?" Professor Greg Downey of Neuroanthropology posted at Craving money, chocolate and… justice his concern about interpreting the research as saying fairness is hardwired.

I still reject the notion that this necessarily proves that we are ‘hard-wired to treat fairness as a reward [quoting Dr. Lieberman in a UCLA press release].’  I don’t think that the research shows anything about ‘hard-wiring’, but rather about the ‘wiring’ of university students. No developmental or cross-cultural data has been discussed that might go to the issue of whether this ‘wiring’ is ‘hard’ or ’soft,’ and I strongly suspect that it’s not ‘hard’ in the sense that this usually means, as we have plenty of cross-cultural evidence suggesting not every society thinks money should be divided equally, or even that money is terribly valuable.

The notion of ‘hard-wiring’ still seems to me to be one of the most problematic pieces of baggage that gets drug out in much of the brain imaging research, usually without data that would actually support it. The research is plenty interesting without the assumption of ‘hard-wiring’, . . .

I am looking forward to reading the study. Here you will find links to the study and to several articles about it.

The second example: At idealawg, I posted Better to lead with thinking rather than feeling in negotiations? Maybe if you are an MBA student in a negotiations course. I question the conclusions drawn from the research both in the media—and by the study itself.

Bottom line: Whenever possible, read the actual studies in addition to what the media reports.

Are people wrong if they do not see the world as you do? Let's talk about it

A new post over at idealawg on naive realism and a method of dialogue to overcome the differences it causes.

Naïve realism is the conviction that one sees the world as it is and that when people don’t see it in a similar way, it is they that do not see the world for what it is.

Click to read Minds locked against the resolution of conflict? Here's one key for opening the locks.

Images can help you paint a bright resolution to conflict

Western societies have largely lost the ability to think in images rather than words.
-Ian Robertson

Each day, I am amazed at the brain power that is lost when we focus solely on words; I now am using hand-drawn images more and more for:

• problem-solving
• thought clarification
• communication
• memory enhancement.

For a couple of years, since reading neuroscientist Dr. Ian Robertson's Opening the Mind's Eye: How Images and Language Teach Us How To See, I have been increasingly convinced through many experiences that including both words and images enhances processes such as the four listed above.

Now it looks as if more and more people are coming to the same conclusion and practicing brain enhancement by image or drawing. Take a look at some of these links and excerpts below before discarding the idea of drawing pictures (and lots of them!) in your dispute resolution.

Over at idealawg, I posted about the new book The Back of the Napkin: Solving Problems and Selling Ideas with Pictures by Dan Roam. Roam's book about the value of using images in business has been in the top 200 at Amazon since it came out. Seems I am not the only one who found the book to be an excellent book, offering practical advice on using pictures—and explaining why you would want to incorporate images. A couple of articles about the book . . .

From "Doodling for Profit" (Business Week):

In a corporate landscape awash with slick computer presentations, charts, graphs, and logos, some managers still utilize an age-old tool for business problem solving: the hand-drawn doodle. Whether sketched on a legal pad or drawn on a whiteboard, a doodle has the power to humanize the abstract and simplify the complex. It's a way to add humor into a dry topic. And, when doodles are used in meetings with colleagues and clients, it's a way to pull people into the process of solving a problem.

The author of "Pictures aid communication, book argues" (Miami Herald) writes:

. . .I think the very act of trying to come up with the right images forces the presenter to break things down into the most important and meaningful components, which is a very good way to get a point across, irrespective of the chosen medium.  . . .[A]s a way to get attention and disrupt the status quo and penetrate defenses, simple imagery is deceptively potent and effective.

Here's the "lost chapter" of the book: "The 10-1/2 Commandments of Visual Thinking." (pdf)

Best-selling author Dan Pink's new book (book's Web site) uses lots of images: it's a comic book! (Or manga to be exact.) Howard Zinn's newest title is in comic format, too. The graphic novel genre is growing in popularity and acceptance.

Pictures are great teachers. I was happy to see that I am in good

Anger—your inner fiend or your friend? Or both? What's the role of emotion?

About a year ago in Good brain, bad brain? Bring it all to the negotiation table, I wrote about the research article "Thinking straight while seeing red: The influence of anger on information processing," in which researchers looked at the effects of anger on decision-making and thinking. The effects are sometimes positive.

Today in Negotiation, I saw some related thoughts in the sidebar of an article titled "Will your emotions get the upper hand?" (pdf)

Angry individuals approach situations with confidence, a sense of control, and negative thoughts about others. In negotiation, these appraisal tendencies can trigger overconfidence, unrealistic optimism, and aggression, yet they buffer decision makers from indecision, risk aversion, and overanalysis, write Jennifer Lerner and her colleague Larissa Tiedens of Stanford University. In addition, anger can motivate us to stand up for ourselves and others in the face of injustice.

Given these different patterns, Lerner and Tiedens raise the interesting question of whether anger, despite being widely regarded as a negative emotion, can be considered a positive force in some instances.  . . .

Of course, it can. But I think we are in need of a clear description of anger. From "Are you happy?" an article in The New York Review of Books:

Let us agree to a moratorium on the use of single words, such as fear, anger, joy, and sad, and write about emotional processes with full sentences rather than ambiguous, naked concepts . . .  .

Read "Law Professor Urges Courts to Re-consider Bar on Emotions in the Courtroom" for a discussion of the relationship between reason and emotion. Excerpt:

In his article "The Emotional Juror," published recently in the Fordham Law Review, [Todd] Pettys points to recent advances in psychology and neurology that suggest emotion plays a much larger role in formulating our logical thinking than was previously known.

For instance, he cites research demonstrating that when we feel a powerful emotion, our brain looks for evidence that supports that emotion while discounting evidence that is in opposition. In this way, our emotional response over time becomes a belief borne of what we think is a logical assessment of the evidence.

How true! Have you observed that search for evidence to support emotion in yourself? Your clients? I answer "yes" to both questions. The line between emotion and reason is fuzzy and shifty and situational, don't you think? And there is a time and a place for every emotion—including anger. Agree?

Our new column on ADR in THE COMPLETE LAWYER

The Complete Lawyer has added "The Human Factor," a column on Alternative Dispute Resolution (ADR). I am on the the team writing this new feature; I'm joined by Diane Levin of MediationChannel.com, Gini Nelson of Engaging Conflicts, and Victoria Pynchon of Settle It Now Negotiation Blog. A great gang! In the debut column, you will read each of us introducing ourselves:

• Me
• Vickie
• Gini
• Diane

While you are visiting this edition of The Complete Lawyer, take a look around at some of the other articles. The theme of the issue is What Do Women Lawyers Really Want? If that topic is not of interest, much else awaits you. Topics range from the billable hour, to international practice, to boomer retirement, to marketing. Grab a cup of coffee or tea and enjoy some time at this magazine with the tagline

Tools and insights on professional development, quality of life, and career issues that impact every lawyer's success and satisfaction.

Note (added 5:55 PM Mountain): Speaking of ADR, be sure to read this post by my co-columnist Diane Levin about the "A" in ADR.

Is a good leader a good conflict facilitator? Is a good conflict facilitator a good leader?

This month's Fast Company includes an article about four traits of leadership: curiosity, charisma, knowledge of neuroscience, and adaptability. Often these four traits are also embodied by someone skilled in resolving disputes.

James Kuczmarski, author of the article "The Journal-ist: In the Lead," reviewed four recent academic journals to create the quartet.

In "The Role of Curiosity in Global Managers’ Decision-Making" from The Journal of Leadership and Organizational Studies, he read of the leadership value of curiosity. Curiosity is also important for professionals in conflict resolution. They wonder what's really going on here?

Charisma is discussed in an article published in Journal of Applied Psychology. Kuczmarski writes:

[I]t's not just charisma that matters--it's also the perception of charisma. To boost perceptions, you have to get your audience highly aroused. (Mind out of the gutter: To psychologists, arousal means the level of audience interest and engagement.) High arousal leads to "an amplification of ... charismatic appeal." That is, you'll seem even more charismatic than you already are and better able to sustain others' excitement . . .  .

Interest and engagement—even excitement—boost conflict resolution.

"The Neuroscience of Leadership" was just reprinted in Reclaiming Children and Youth. (I have blogged about that neuroscience article in the past at idealawg.) Because of the  keys to human behavior one gains from knowledge of neuroscience, a threshold purpose of Brains on Purpose™ is detailing the many benefits of brain knowledge for effective dispute resolution.

Finally, Kuczmarski writes about the merits of adaptability described

Another blog focusing on neuroscience and conflict resolution: Welcoming Nancy Hudgins to the blogosphere

Nancy Hudgin's new blog is Civil Negotiation and Mediation. From her debut post:

Welcome to the inaugural post of Civil Negotiation and Mediation!
I chose this name for three reasons.
I will be discussing negotiation strategies in civil litigation.
I will be making a pitch for putting the “civil” back into civil litigation.
I will be reflecting on how civility is a hallmark of mediation and should be an aspiration of litigation.
I hope to make accessible the research from social science, psychology, and neuroscience on negotiation and mediation.
Along the way, we’ll have some fun.

I see that both Nancy Hudgin and I have taken the same mediation training: Gary Friedman's at the Center for Mediation in Law. No mediation training I have taken has ever come close to being as valuable as that which I received from Gary Friedman and Jack Himmelstein. They are the best. I am happy to meet in the blogopshere another Center trainee.

Welcome to you, Nancy. Maybe we can "have some fun" together!

CSI (Conflict Scene Investigation): Why the brain likes to hang out with Columbo, Monk, and Sherlock Holmes

The brain likes to be creatively engaged. Creative and thoughtful engagement lessens stress and fear, and therefore can lead to better ideas.  An activity important to conflict resolution, and an activity of creative engagement, is questioning. Our brains like to formulate and answer questions.

The brain likes to be a detective and the detective work helps in negotiation. The authors of the Harvard Business Review article "Investigative Negotiation" say, "The best way to get what you’re after in a negotiation—sometimes the only way—is to approach the situation the way a detective approaches a crime scene." The brain gives that statement a high five.

"Investigative Negotiation" by Deepak Malhotra and Max H. Bazerman was featured at HBR in Brief. The authors present and discuss five principles of investigative negotiation. Pretty basic, but nevertheless a reminder of the basics is often very beneficial. And they provide some illustrations and explanations worth reading.

• Ask why the other side wants what it wants. (Note: I discourage the use of "why" questions and use other inquiries to uncover the reasons.)
• Mitigate the other party’s constraints.
• Interpret demands as opportunities.
• Create common ground with adversaries.
• Investigate even if the deal seems lost.

"Investigative negotiation is both a mind-set and a methodology," Malhotra and Bazerman say in their book Negotiation Genius: How to Overcome Obstacles and Achieve Brilliant Results at the Bargaining Table and Beyond. (In their book they include two more principles in addition to the five above.) They add, "[T]he goal is to learn as much as possible about the situation and the people involved."

In Negotiation Genius, the authors include a section on "eliciting information from reticent negotiators." Of course, one of the five strategies for eliciting is "Ask Questions."

Negotiators often do not bother to ask questions because they assume the other party will not answer them. This is a colossal mistake. While there is no guarantee that someone will answer your questions, one thing is certain: your questions are more likely to be answered if you ask them than if you don't.

Remember, the questions are not just for gaining information. They are for brain management, too. Questions often will facilitate the discussion moving from reactive to reflective. Getting the frontal cortex asking and answering can lessen the involvement of the amygdala. For more about the amygdala, see my post Don't let the nut run the conflict resolution. The inquiring mind can create a calmer brain—and a negotiation genius.

Click here to read more from Negotiation Genius.

Image credit: monopolythimble at photobucket

Two conflict resolution conferences in Colorado in February

More information over at idealawg. Here are the links:

• Colorado in February: "Transforming the World, One Conflict at a Time"
• Another Alternative Dispute Resolution conference in Colorado in February!

Asclepius, JD: What can this god's daughters teach us about conflict?

"There is a dimension to the practice of mediation that has received insufficient attention: the combination of psychological, intellectual, and spiritual qualities that make a [mediator] who he or she is.   . . .   Indeed, this . . . may be one of the most potent sources of the effectiveness of mediation.

--Daniel Bowling and David A. Hoffman, Bringing Peace Into the Room: How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution

Asclepius, the  Greek god of medicine and healing, had five daughters. For conflict resolution professionals, two of his daughters represent different roles these professionals can play with clients. Daughter Hygieia represented maintenance of good health and the prevention of sickness. Her sister Panacea represented cure from sickness. Hygieia was preventative; Panacea was curative. Both roles have a place in dispute resolution.

As I am sure both Hygieia and Panacea know, the reactive brain can lead to unhealthy conflict just as the reflective mind can facilitate healthy conflict—and resolution. Noticing the reactive and reflective gives us a way of looking at who is in a conflict. For the Neuroscience of Conflict Resolution seminar, I created a diagram to clarify the various combinations of parties to the dispute. (Click on the diagram to make it larger.)

In the seminar we look at conflicts between

• people interacting with their reactive brains
• people interacting with their reflective minds, and
• reactive brains interacting with reflective minds.

Each results in a different quality of dispute and method of resolution.

Self-awareness is a requisite for using one's reflective mind. (In the seminar, I present a top ten list of practices to improve and strengthen self-awareness.) A self-aware person will likely experience fewer

Neuroscience, negotiation, conflict resolution: All free courses from MIT

MIT OpenCourseWare (OCW) has posted lecture notes and course materials for many of their classes. What a resource! Click for the courses available in Brain and Cognitive Sciences. Sloan School of Management offers many courses, including Game Theory for Managers and Competitive Decision-Making and Negotiation. Doing a search on "mediation" brings up 159 hits for you to explore. A search on "conflict resolution" yields 291 hits. Enjoy mining for mind gold and learning from what you find. Thanks, MIT.

Hat tip to VeraSage.

Negotiators: Both the genius and the irrational

Just a quick road sign pointing to Dealing with the "Irrational" Negotiator: NEGOTIATION GENIUS, a post at idealawg. For those of you interested in negotiation, I have posted over there an excerpt from Negotiation Genius: How to Overcome Obstacles and Achieve Brilliant Results at the Bargaining Table and Beyond. I currently am reading the book; more to say when I have finished. So far, I certainly do recommend it to you.

I am reading this book with the brain in mind and will include some thoughts on that, too, when I post about the book. (And I will see what Jeff may have to add.) This book is one of a quintet on my nightstand so the Negotiation Genius report may not be until later this autumn. Tell me, have any of you read it? Please let us know your assessment.