Bohdana Khymenko (Богдана Хименко)’s Post

Freud and The Neutral. What does Sigmund Freud have to do with arbitration or mediation? Whether as an arbitrator or a mediator, our role is defined as a neutral.   Most of us as mediators and even more so as arbitrators are typically lawyers. We are trained in the law and taught to approach what we do as advocates.  Neutrality does not really come easily from a life in the court room. The concept of neutrality goes much deeper than merely avoiding taking sides. It is a profound psychological concept that is the key to dealing with the psychological aspects of arbitration and mediation. This is where Freud comes in. Between the 1890s and the 1930’s Sigmund Freud developed what we today know as psychoanalysis. Central to this method was listening to patients and striving to understand how their minds work. Here as an aside remember our distinction between position from interest Freud planned to study law. He soon changed to medicine, at first studying philosophy and zoology eventually getting a medical degree. Despite this path, he gave thought to fields that we lawyers consider subjects for lawyers such as dispute resolution and the attorney-client relationship. He even pioneered billing by the hour. More profoundly, Freud gave birth to the concept of neutrality so important in mediation. He used the German word “indifferenze.” This obviously translates into the English word “indifference.” which, as I learned in my high school Latin class comes from the Latin root for being neither good nor bad. In the 1920’s a translator of Freud’s work replaced “indifferenze” with “neutrality”. And yet there is more to what Freud said that we today accept as fundamental to our role as neutrals. Freud laid out three fundamental principles for the psychoanalyst. As you think about them, simply replace “analyst” with “mediator.”: 1.   Anonymity: The analyst much maintain anonymity by not revealing the analysts own emotional reactions. 2.   Neutrality: The analyst should not give direction concerning choices or assume the role of teacher. 3.   Confidentiality: the analyst must maintain strict confidentiality about what is discussed. Clearly much of what Freud said about psychology has faded; For example, the terms id, ego, and superego has changed. However, fundamentally whet he teaches us even today has a profound role in how we deal with people, to some degree as arbitrators and particularly as mediators. 

Dear Colleagues, You may have already seen this study, but I wanted to ensure everyone has access to it. The study addresses a pivotal question: What can be done to increase the effectiveness of international mediation efforts in resolving or preventing armed conflict? It's an extensive paper, as Matt Waldman aimed to cover a broad spectrum of mediation issues. I had the opportunity to host Matt and senior mediation experts at USIP for three colloquia to support this research, and I am pleased to see it published. The paper highlights that mediation efforts often fall short not only due to the challenging international landscape but also because of systemic flaws and shortcomings in the field’s structures, policies, and practices. It makes a compelling case for comprehensive and strategic actions to improve mediation effectiveness and outlines ways to achieve this. I hope you find it insightful and useful.

While it's essential to engage in deep thinking to gain wisdom, the most important thing we can do is be silent and listen. Omar bin Al-Khattab has embraced this idea. Interestingly, even negotiation experts in the US, such as those at Washington University, emphasize the importance of silence in their seminars and coaching sessions. Omar bin Al-Khattab once said, "I regretted many moments I've spoken, but I have never regretted one of the moments I remained silent and listened." Similarly, one of the professors in law school advises that when negotiating with others, we should drop our swords and listen to what they say. He continues to say most people listen to the beginning of a speech and begin to prepare to respond to the first part without listening to the whole speech. In my view, Silence has the power to transcend borders and connect people from all over the world. It allows us to truly understand others by listening to their needs and desires. Through this understanding, we can work together to achieve our own goals and foster a greater sense of understanding.

🔟Tip # 7: How Confirmation Bias Can Impact Mediation Outcomes 🎁It’s Day 7 of my Advent Gift, and today’s tip is about something we’re all guilty of: confirmation bias – the tendency to favour information that aligns with our existing beliefs, while disregarding or undervaluing information that challenges them. Confirmation bias is one of the most pervasive cognitive biases in human psychology. In mediation, this shows up as a tendency to focus more on evidence that supports your client’s case, while ignoring other perspectives instead of evaluating evidence objectively.  We filter information through the lens of what we already believe is true. This perspective can make settlement much harder to achieve. I always remind clients that mediation isn’t about finding the “truth”—it’s about reaching a resolution both sides can accept. Being aware of the existence of this cognitive bias, which affects lawyers as much as clients, is important at mediation. Keeping an agile and open mind is essential. The full article, including more on overcoming biases, will be available soon as a LinkedIn newsletter. Stay tuned for Day 8, when I’ll explore Why Opening Offers Matter More Than You Think. Andy Hobbs - I'm not a psychologist so I would welcome your thoughts on this again! Centre for Effective Dispute Resolution (CEDR) 🎄🎄🎄🎄🎄🎄🎄🎄🎄🎄🎄🎄🎄🎄🎄🎄🎄🎄🎄🎄🎄🎄🎄🎄 #mediation #psychology #cognitivebias #probate #dispute #confirmationbias

The Contemporary Issues in Mediation (CIIM) Research Essay Competition 2024 is open from now until 30 June 2024. Elyssa Tan, runner-up of the CIIM Research Essay Competition 2022, shares her thoughts about participating in the competition. "When I embarked on a Master degree in international relations, I was inspired to extend my mediation knowledge beyond the borders of the law, by contributing to academic literature on how mediation can be harnessed to harmonize perspectives on the international sphere. The CIIM essay competition was the perfect platform for me, as a student then, to work toward realizing this. I would therefore encourage anyone who is merely contemplating participating to just do so! No idea is too small to contribute, and one might not realize the value of a simple idea or inspiration to the wider knowledge and literature on mediation!". Elyssa's essay "The Hesitation of the European Union in Adopting the Singapore Convention on Mediation: Perspectives from International Relations Theory", together with other winning essays, was published in Contemporary Issues In Mediation (CIIM) Volume 8. Winners will stand a chance to win cash prizes and/or have their essays published in CIIM Volume 10. The competition is global and open to any registered tertiary student in full-time or part-time studies in any discipline (including those pursuing masters or doctorate degree studies). Participation is free. See full rules, terms and conditions at https://lnkd.in/gTCT2vTk. For enquiries, contact us at [email protected]. #mediation #standards #research

“Two new themes are introduced into Vygotsky's account of semiotic mediation: a rhetorical- responsive and an ethical theme. The nature of what is said to be our ‘inner’ lives is explored, and it is argued that they are neither so private, nor so inner, nor so systematic and logical as has been assumed. Instead, people's higher mental processes originate in their feelings of how, semiotically, they are ‘positioned’ in relation to the others around them. And rather than functioning mechanically and systematically, they reflect in their functioning essentially the same rhetorical and ethical considerations influencing the transactions between people, out in the world.” John Shotter Vygotsky: The social negotiation of semiotic mediation.

Join our online panel with thought leaders in the field of psychology, human relations and conflict resolution. The Power of Dialogue A dialogue is a form of communication that connects and elevates people. As opinions and positions become more radicalized, the ancient art of dialogue is being forgotten. Unlike a debate, which is a contest to defeat one's opponent, dialogue aims for mutual understanding. In a debate, one side is defeated; in a dialogue, both sides win. Join us for a special online panel for International World Philosophy Day with communication experts discussing the power of dialogue. Panel Members: - Alexandra Hudson : Writer, speaker, and thought leader on civility and cultural issues. Author of "The Soul of Civility: Timeless Principles to Heal Society and Ourselves." Founder of Civic Renaissance. Contributor to major media outlets like CBS News, Fox News, The Wall Street Journal, and more. - Helena Águeda Marujo : Portuguese academic specializing in positive psychology and public policy. Associate Professor at the University of Lisbon. Coordinator of the UNESCO Chair in Education for Sustainable Global Peace. - Eva Rodriguez Bellegrigue : Expert in dialogue, mediation, and conflict resolution with extensive experience in international development. Founded Partners El Salvador, leading significant peacebuilding projects, and is now a Partners Global Board of Directors member. Eva is a Rotary Peace Fellow and a Masters graduate of Peace and Conflict Studies from Uppsala University, Sweden. Moderator: - Gilad Sommer : Philosopher and director of New Acropolis Chicago. Author of "Above All Be Good - the story of the Stoics and their teachings." *Number of participants is limited. *A Zoom link will be provided upon registration. https://lnkd.in/dJQc2EXU

The Rebirth... As the Renaissance dawned, life flourished anew, and history took a bold step forward. The rebirth of art, science, and philosophy sparked an era of intellectual exploration, yet even in times of great progress, conflicts still arose. Mediation; with its roots deeply planted in human tradition, found new meaning in this age of reason. Scholars, rulers, and thinkers sought not only to resolve disputes but to cultivate understanding and harmony, shaping the future through dialogue, much like the masterpieces that defined their world. Please join me as we continue to travel through times, into the rich history of mediation, one of the oldest and most effective means of resolving disputes. This is my fourth post in the series: "Mediation Through the Times". You can catch up on my previous posts. Please feel free to share, and add your comments/contributions. #Mediation #Mediationadvocate #Mediator #ADR #MediationinAfrica #MediationinNigeria #Mediationhistory

ArbitralWomen member Inely Cesna will speak at "Mediation and Psychology: Insights from the Enneagram" online on October 7 at 12 EST. From the organizers: In every conflict, participants bring a complex array of fears, insecurities, claims, goals, and interests to the table. A mediator who can discern and navigate these psychological dynamics significantly enhances their effectiveness throughout the mediation process, thereby increasing the likelihood of a successful resolution. This presentation introduces the Enneagram Model of Human Psychology, focusing on its nine distinct human psychological dynamics in conflict situations. We will explore how these patterns influence the attitudes, emotions, goals, and interests of both the mediator and the parties involved. By leveraging the wisdom of the Enneagram, mediators can: - Gain deeper self-awareness - Cultivate genuine neutrality - Recognize and mitigate personal biases - Tailor their approach to each party’s psychological profile - Humanize the mediation process We will examine how this understanding can empower mediators to guide parties more effectively towards mutually satisfactory outcomes. This approach not only enhances the mediator’s toolkit but also fosters a more empathetic and insightful mediation environment. Register here: https://lnkd.in/gNZuWDD6 If you are a member of #ArbitralWomen and will be speaking at an upcoming event, please complete and submit the Event Form at the following link: https://lnkd.in/gjhfqeBs. The event form must be submitted at least 14 days before the event to be promoted, and at least 21 days before the event if you seek use of the ArbitralWomen logo.

Mediation isn’t just about finding a compromise. It’s about two parties understanding each other. One of the most powerful ways to bridge gaps in a dispute is to reflect the other person’s viewpoint — even when you don’t agree. When someone feels truly heard, it’s easier to for them to lower their guard. That’s why, as a mediator, I encourage all parties to listen, paraphrase, and ask questions about the other side’s perspective. This approach is based in neurochemistry. Acknowledging someone’s viewpoint — even if it’s different from your own — helps build empathy and trust. It releases oxytocin, often called the “bonding hormone,” which makes people feel understood and connected. You might be wondering how realistic it is to play nice in the mediation room. To be clear, I’m not suggesting that you act like you agree with everything the other party says. The key is showing that you respect where the other party is coming from. When you do, you may find the other side shift a little in accepting your position, which makes it easier to reach common ground. This post is part of my #LinkedIn series on using neurochemistry to improve mediation outcomes. When you’re in a dispute, what do you do to try to reach resolution? #mediation #neurochemistry #disputeresolution