Negotiation Behaviour and Breaking Deadlock Dr Karl Mackie CBE - - PowerPoint PPT Presentation

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
• ptions
• 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 or YouTube: CEDR New Dialogues – investing in future leaders

Questions?