Using newly-developed computer animation models and traditional decision trees, we will explore the interactive use of outcome scenarios as a means to overcome barriers to settlement. By eliciting party narratives and outcome expectations, what if testing those assumptions, and reaching the frontal cortex through verbal and visual channels, we incrementally reduce the fight or flight response that often impedes settlement.
Since at least the first Kennedy-Nixon Debate, weve known that people process the same information differently often with different outcomes depending on how it is conveyed. Educational psychologists recognize that we process verbal and visual information on different brain circuits complete with different working memories. And pictures not only communicate information, they increase our motivation to study accompanying text. We use pictures, and even video presentations, in mediation. But we use them less frequently when negotiations get serious and its time to test offers against realistic alternatives. Animated outcome scenarios, together with graphed offer patterns, help us process improving information in a more rational way.
Don Philbin is an attorney-mediator, negotiation consultant and trainer, and arbitrator. He has resolved disputes and crafted deals for more than 20-years as a commercial litigator, general counsel, and president of communications and technology-related companies. Don has mediated hundreds of matters in a wide variety of substantive areas and serves as an arbitrator on several panels, including CPRs Panels of Distinguished Neutrals. He is an adjunct professor at the Straus Institute for Dispute Resolution at Pepperdine Law School, Chair of the ABA Dispute Resolution Sections Negotiation Committee, and a member of the ADR Section Council of the State Bar of Texas. Don is a Fellow of the American Academy of Civil Trial Mediators and is listed in THE BEST LAWYERS IN AMERICA (Dispute Resolution), THE BEST LAWYERS IN SAN ANTONIO, and the BAR REGISTER OF PREEMINENT LAWYERS.
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