Mirror Neurons & Mediation Advice

At the Works-in-Progress conference this past week at Arizona State University (great job, Art!), I had the pleasure of hearing from Professor Scott Hughes on his latest work on mirror neurons.  I have blogged about mirror neurons before and their impact on people.  It explains things from why Harley rides are pleasurable to why Starbucks runs smoothly. 

Scott took the next step regarding dispute resolution and discussed how the latest findings in neurobiology can help mediators be more effective.  If the goal of the mediator is to build the relationship and trust with the parties, then, Scott argues, mirroring the physical movements and the emotions of the parties can help do this.  As many of us noted, we already “know” this when we teach mediator skills.  We talk about “modeling” the behavior of the parties and watching body language. 

Marty Latz raised a good question asking whether knowing about mirror neurons and their impact would allow the more manipulative among us to take advantage of others.   I had two thoughts about this.  First, my guess is that, like flattery, even if we know mirroring someone can be manipulative, it will still work.  And, second, good salespeople and other professional negotiators probably know this already intuitively.  This is just the science explaining why what we already do is effective.

For lawyers, this research could also be useful in working with clients and realizing that mirroring their behavior in interviews and counseling will help improve the relationship between them and their clients.

Cross-posted at Indisputably.

This Post Has One Comment

  1. Christopher Martin

    What troubles me about the concept of mirroring the clients’ body gestures to inspire trust is that is it is possible that mediators will just appear as a disingenuous chameleons of the mitigation process; never seeming consistent, which some clients would prefer in an independent 3rd party. As a result, the opposing party may loose even more trust with the mediator than had the mediator kept a neutral body posture. Moreover, this concept seems to create perpetual tug of war that may just end with the mediator looking completely fake, even deceitful. Personally, I believe that a mediator who can display a distinct image, especially one that is different from either of the opposing parties, would better generate an appearance of a TRUE independent and unprejudiced 3rd party.

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