What wacky, weird and mostly wonderful things are happening inside your client's brain during mediation? Longtime mediator Michelle Jernigan helps litigators to make sense of it all so they can better support and guide their clients.
4. A few basic brain facts
2% of total body mass
15% of cardiac blood flow
Consumes 20% of oxygen
Uses 25% of total body glucose
Requires just-right levels of oxygen
and glucose. Absence leads to rapid
death Source: 2013 Neuroawareness Consulting Services 4
5. THE EMOTIONAL BRAIN
Neocortex - Thought
Limbic System – Emotion
Reptilian Brain - Instinct
Source: “Three Brains in One: Instinct , Emotion &
Intellect” (http://www.sustainablesonoma.org/
keyconcepts/threebrains.html) 5
6. • Senses are processed
• Emotions are generated
• First and most basic cerebral
reactions to stimulus
THE EMOTIONAL BRAIN:
LIMBIC SYSTEM, NEOCORTEX
6
Source: Brain Anatomy: Limbic System,
http://sdsu.edu/multimedia/mathison/limbic
7. 7
Hippocampus:
• Controls memory,
regulates emotions
Hypothalamus:
• Controls body
temperature,
hunger, thirst,
fatigue and
sleep cycles
PFC (pre-frontal
cortex:
• Decision-making,
thinking,
conceptualizing
and planning
Amygdala:
• Rapid
relevance
detector
Sources: 2013 Neuroawareness Consulting Services/
Introduction to the Human Brain, 2013, Francois
Bogacz
8. Fear (Danger) and Reward
(Pleasure)
More sensitive to fear than reward
Avoid pain and danger; seek reward
Dopamine released in reward and in
anticipation of reward
Source: 2013 Neuroawareness Consulting Services 8
9. Fear Hormones
Adrenaline, cortisol, norepinephrine
released when fear is experienced
Adrenaline (fight or flight hormone),
norepinephrine (stimulate arousal)
Cortisol (stress hormone) slower to
release and has longer lasting effect.
Chronic elevated levels can cause
serious health problems.
Source: Huffington Post, Sarah Klein, April 19, 2013 9
10. Fear Reward
Faster acting
Stronger
Longer lasting
Adversarial capacities
up
Cognitive capacities
down
More likely to dominate
Slower acting
Milder
Shorter lasting
Collaborative
capabilities up
Cognitive capacities
Less likely to dominate
Source: 2013 Neuroawareness Consulting Services 10
11. THE SOCIAL BRAIN
Medial Prefrontal
Cortex (mPFC):
• Norms and scripts
• Theory of mind
• In-group/out –of-
group
Source: 2013 Neuroawareness Consulting Services 11
Amygdala:
• Size correlated
with size of real
and online
social network
Posterior cingulated
cortex (PCC):
• Anterior Insular
Cortex:
empathy, compassio
n, interpersonal
phenomena
• Fusiform Gyrus:
Face and body
recognition
Word recognition
12. Social systems defined
Interrelationships between
individuals, groups and institutions
Formal organization of status and role
12Source: 2013 Neuroawareness Consulting Services
13. Three aspects of a social
system
Relationship (one to one)
Socialization (group member)
Status (social hierarchy)
13Source: 2013 Neuroawareness Consulting Services
14. Brain fact:
Social stimuli are as powerful as physical
stimuli
Social Fear Social Reward
Social exclusion
Bereavement
Being treated unfairly
Negative social
comparison
Good reputation
Cooperation
Being treated fairly
Schadenfreude
14Source: 2013 Neuroawareness Consulting Services
15. Unfairness:
15
Unfairness: By 19-21 months of age we already
possess context sensitive expectations relative to
fairness
• First experienced
through
amygdala and
then cortical
process
• Unfair proposals
create conflict in
brainSources: Sloane, S.; Baillargeon, R.; Premack, D,.
2012/
2013 Neuroawareness Consulting Services
16. Status
Develops at 14 months
Higher status:
◦ More access to scarce resources
◦ More social support
◦ Better health, longer life, more
reproductive success
◦ More power Sources: Anderson, C.; Kildoff, G.J. (2009)/ Ellis
(1994)/Keltner, D.;Gruenfeld, D.; and Anderson, C.
(2003) 16
17. Power and Behavior
High Power
Proactive
Positive
Attentive to
rewards
Snap judgments
Disinhibited
behavior
Low Power
Reactive
Negative
Attentive to threats
Deliberate
reasoning
Inhibited behavior
Source: Keltner, D.;Gruenfeld, D.; and Anderson, C.
(2003) 17
18. Power and Physiology
High Power equals:
Elevated
testosterone,
decreased cortisol
Feelings of power
and greater
tolerance for risk
Low Power
equals:
Just the opposite
Source: 2013 Neuroawareness Consulting Services 18
19. Eye Contact
Non-humans Most humans
Direct gaze elicits an
adverse response
(dominance)
Sustained – represents a
challenge for dominance
Eye contact foundational
to communication and
social interaction
Lack of eye contact
perceived as a threat
Sustained – represents a
challenge for dominance
Source: 2013 Neuroawareness Consulting Services 19
20. Autonomy: Perception
of Self-Governance
Feeling autonomous: Positive
Physiology of autonomy:
1. Award response when we choose
2. Ego-enhancing
3. Lack of autonomy is painful
4. Culture’s role
Sources: Moller, A.C.; Deci, E.L.; Ryan, R.M. (2006)/
Amat, J. et. al. (2005)/ Fisher, R.,; Shapiro, D.
(2005)/2013 Neuroawareness Consulting Services 20
22. Elements Necessary for
Empathy
Affective state
Identical to another‟s affective state
Elected by observing or imagining
another‟s affective state
Other person source of your affective
state
Source: De Vignemont, F.; Singer, T (2006) 22
24. Empathy and Gender
Women and men empathize with fair
people
Men have much less empathy for
unfair people
Source: Singer et al, Nature (2006) 24
25. In Negotiation
and Mediation:
Source: Galinsky, A.D. et al (2008) 25
Perspective taking is the active consideration
of the viewpoint of another person.
• Perspective taking
increases ability to find
hidden agreements
• Empathy can be
detrimental
• Negotiation tip:
Exercise perspective
taking and engender
empathy
27. COOPERATION
NEUROTRANSMITTERS
AND HORMONES
1. Oxytocin:
Positive effect
Increases trust
2. Serotonin:
Produced on reward
Fosters cooperative behavior
3. Dopamine:
Regulates mood
Appetite and sleep
Source: 2013 Neuroawareness Consulting Services 27
28. The Cognitive Brain – The PFC
Top-down guidance of attention and
thought
Regulates emotion; inhibits
inappropriate actions
Creative thought
Needs just the right amount of stress
hormones
Source: Introduction to the Human Brain, 2013,
Francois Bogacz 28
29. Source: 2012-13, F. Bogacz and J. Lack 29
Stress and the PFC
Alert
Interested
Moderate amounts of
norepinephrine/dopamine
Fatigued Stressed
Bored PFC turned off
Inadequate level of Excessive amount of
norepinephrine/dopamine norepinephrine/dopamine
Levels of norepinephrine/dopamine
32. Decision Fatigue
Time of day
Glucose and oxygen levels
Too many options → fear
Options that are too novel → fear
Source: 2013 Neuroawareness Consulting Services 32
36. Gender Differences
Women Men
Brains are 10 % smaller & 11% more
dense-wired for more “gut feeling”
Brains are large (but size doesn‟t
equate
to IQ)
More connective tissue between
hemispheres
Less connective tissue between
hemispheres
Wired for human gaze Not wired for human gaze
Larger hippocampus (emotion/memory-
women recall more details with
emotional events)
Smaller hippocampus (men recall fewer
details except when angry or
threatened)
Talking increases oxytocin & dopamine
(pleasure center)
Talking increases dependence
Self-esteem is about connecting Self-esteem is about independence
Source: Gender in Mediation: Negotiation & the
Gender Divide, Perkins, K (2010) 36
37. Negotiating Styles
Women cannot successfully mirror
male negotiating styles
7% of women ask for more money in
response to an initial job offer while
57% of men do
Women offered less money/reward for
the same task
37
Source: Gender in Mediation: Negotiation & the
Gender Divide, Perkins, K (2010)
38. Female Negotiating Styles
Recognize and apply a process or rules
Broad or collective perspective
Big picture
Comfortable communicating and sharing experiences
How problems are solved
What both sides need/want
Cooperative view
Find win/win
Preserve and enhance long-term business relationships
38
Source: Gender in Mediation: Negotiation & the
Gender Divide, Perkins, K (2010)
39. Male Negotiating Styles
Has a bargaining advantage
Stronger sense of entitlement
Sense of pride and self-importance
Speaks up more
Entitlement to information
Makes sure people know what their ideas are
Stronger, more aggressive speaker
Seeking power; believe deserve power;
Makes it sound as if they know more
39
Source: Gender in Mediation: Negotiation & the
Gender Divide, Perkins, K (2010)
40. “Your Client’s
Brain in
Mediation”
Florida Bar
Course #
1401475N
CLE Credits
General: 1.5
Thank You
For Joining Us.
Upchurch Watson White & Max Mediation Group
Daytona Beach Maitland/Orlando Jacksonville Miami Fort Lauderdale/Plantation West Palm
Beach
Please email cklasne@uww-adr.com with questions about course number, Webinar recording, etc.
Please contact Michelle
at mjernigan@uww-
adr.com with questions
or comments regarding
content.
40