Some end of year reflections on negotiation/mediation theory
Why is it okay to tell lies, manipulate and deceive when negotiating.
It's called Goodhart's Law. The basic principle in economics and science that targets distort outcomes because people game them to achieve the target. The pressure to meet targets runs counter to novelty, experimentation and risk-taking the ingredients for change.
(It is why closing the gap, NAPLAN and the Victorian public service targets will continue to fail)
Positions in negotiations are targets. Goodhart's Law kicks in and the parties, often through their lawyers, engage in consensual deception and benign manipulation to meet their target.
It's the standard negotiation game that's part of the dehumanised legal professions toolkit.
Mediators that can get the parties to reconnected at a human level is the first step in breaking down deceptive and manipulative practices.
It's an alternative to the 'Dispute Resolvers' model of keeping the parties apart and just cutting a deal between the two initial starting positions. The outcomes are constrained to the initial gap. No scope for surprises or novelty.
You can also see this target approach played out on the internet and in politics especially with the introduction of the culture wars and the inevitable rise of conspiracy theories and alternative truths. It's all based on dehumanising the public discourse for political advantage.
All conflict, disputes and wars, arise from this loss of the human connection.
The ability of a mediator to retain their humanity in the face of parties who have lost theirs in conflict is 99% of the art, science and practice of being a mediator. It is as simple and as profound as that.
Our shared humanity is the best asset the mediator has to offer parties in dispute.
I would like to wish a happy Christmas/holiday season to all those unsung mediators out there in RI land who are prepared to work with human beings trapped in conflict.
Remember-stay human.
Best wishes Greg
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Greg Rooney
Mediator
Mediator
Mount George SA
61405612789
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