The new team!

Monday, November 21, 2011

The Recipe for Rapport

This week, the core psychology series is summarizing research on the existence and effect of rapport between individuals. The following information has come from Chapter Two of psychologist Daniel Goleman’s book “Social Intelligence: The New Science of Human Relationships”, published by Random House Digital. In “A Recipe for Rapport”, Goleman outlines current research on rapport that indicates it is associated with feelings of engagement and positivity during an interaction. Understanding the current research could provide mediators with useful insight into effective communication.

Goleman indicates that rapport is correlated with a physiology pattern. Notably, there is a sweat response that can be observed when two individuals are enjoying their interactions or feel understood by each other. While the concept of rapport is correlated with a physiological response, Goleman states that individuals perceived to have a rapport also report or demonstrate creative and efficient decision making, strengthened bonds, and feelings of warmth, friendliness, understanding, and genuineness.

Goleman outlines three key elements of rapport: shared attention, shared positive feelings and coordination of non-verbal behaviours. These elements are related to positivity and engagement in interactions.

Shared Intention

Shared Intention involves individuals being jointly attentive to the same stimuli. Having joint attention can fuel mutual empathy between individuals. For example, a scientific study was conducted where researchers observed participants that witnessed a confederate reinjuring a small cut on their hand. Participants looking at the confederate winced and displayed a pained expression. Participants not looking at the confederate knew the confederate was in pain, but did not display the pained facial expression.

Shared Positive Feelings

Shared positive feelings are facilitated by non-verbal messages during conversation, such as tone of voice or facial expressions. In a study, confederates provided negative feedback to study participants, with different accompanying facial expressions. Participants that were given negative feedback while still receiving warm facial expressions reported higher feelings of overall positivity about the interaction.

Coordination of Non-verbal Behaviours

Coordination between individuals’ non-verbal behaviours can fuel feelings of rapport. One of the most notable examples of this is mimicry. Mimicry refers to instances where individuals mimic each other’s non-verbal behaviours, such as tapping ones foot. Mimicry, when not forced, is correlated with increased positive feelings towards an individual. For example, students whose postures where similar to their teachers in a class room reported feeling more involved in the classroom. Be wary though, people can notice when someone is trying to mimic their behaviours, which can lead to negative impressions. Daniel’s article indicates when individuals lack this coordination, conversations can make participants feel uncomfortable.

Although there would not be much use in trying to coordinate our non-verbal behaviours with participants in mediation, it seems being cognizant of how we focus our attention and of how we express ourselves would be useful. It does seem obvious that trying to stay positive and focused as a mediator would improve the moods and engagement levels of participants, but sometimes it is hard to know if such efforts have any impact. As seen in the studies outlined previously, it seems like putting in an effort to maintain our own positivity and focus in mediation may have a tangible effect on participants in mediation, especially if negativity may persist between the parties themselves.

Monday, November 14, 2011

Who Does CORE Help?

As an LSLAP clinician I have witnessed first hand the toll that a legal issue can take on an individual. Most, if not all of the clients I have dealt with have given detailed accounts of the deleterious effects induced by the stress and agony of navigating the legal system. Thus, my belief in mediation and other dispute resolution procedures outside of the courts has been strongly reinforced.  Recognizing circumstances that lend themselves to successful mediation remain an obstacle to widespread adoption. Therefore, this week’s blog posting will explore what kinds of situations readily lend themselves to mediation and under which circumstances CORE will become involved.

Core’s mandate is to provide low cost mediation services for both the surrounding community, and for the student body here at the University. Several students have come to our office to inquire whether it is a conflict of interest for CORE to mediate between two students attending UBC. Provided we are able to arrange a student mediator who feels comfortable enough to proceed, CORE will move forward with mediation proceedings.

As an overview the following represent popular categories of disputes that CORE handles:

  • Neighbour disputes
  • Small business and partnership disputes
  • Student housing
  • Strata disputes
  • Construction
  • Small Claims cases
  • Employer / Employee
  • Landlord / Tenant
  • Debt
  • Contract


This list is not exhaustive and there may be other circumstances that lend themselves to mediation. For instance, when a relationship is ongoing there will be a strong incentive to agree to conditions that maximize the benefit for both parties. Avoiding a protracted legal battle increases the likelihood that parties can work past their issues without causing irrevocable damage.

Another factor that may affect mediation is the content at the heart of the issue. Disputes centering on tangible or monetary considerations are often much easier to mediate. Issues that encompass personal beliefs or values tend to be very polarizing and can lead to both sides becoming entrenched in a given position.

Additionally, people are often discouraged from mediation when they feel as though there is a strong power imbalance. Though this can present a number of difficulties, mediators are trained to meet these challenges with intervention designed to balance the proceedings.

If you suspect that you have a conflict in your life that could be solved with mediation, we encourage you to drop by our office in Allard Hall on UBC campus! Or email the clinic at coreclinic@hotmail.com.  

Tuesday, November 8, 2011

CoRe Speaker Series – Recap of “Exemplary Leadership: How Dispute Resolution Professionals Can Change Cultures” with Professor Michelle LeBaron

Professor LeBaron hosted an interactive talk on October 25 as part of the three-part CoRe Fall Speaker Series that called participants to critically think about their role as leaders when engaging in dispute resolution. Drawing on a wide variety of quotes, metaphors, and even poetry, Professor LeBaron creatively presented the critical message that dispute resolution professionals have a profound leadership power.

The underlying theme of her discussion called mediators to constantly be aware of the fact that humans are naturally partial, and mediators natural partiality is a fundamental aspect of their role as leaders. She wisely observed, “Even though we say we’re neutral, the micro-communications that we are a part of still come through and have an effect on the participants and the outcome.” The “micro-communications” she referred to could even be as minute as a slight difference in body language the mediator directs towards the participants or even the way in which the mediator amplifies certain things and mutes others during the course of the mediation. She encouraged mediators not to try and suppress this natural partiality, but rather to manage it in a way that welcomes the different and guides the participants through the mediation.

To illustrate this concept further, Professor LeBaron creatively looked to the four natural elements as metaphors for four dimensions of leadership mediators can exercise. She first looked to earth – a solid, grounding element representing commitment to clients. Mediators have the ability to use their leadership to ground people; they can guide people who are at their most vulnerable through established processes, and use their expertise to find constructive remains in the midst of conflict. Professor LeBaron called on participants in the session to come up with their own metaphors for how they help people to find their solid ground – as shaman, as conductor, as stuntman were only a few creative ideas that were posed.

Professor LeBaron next turned to the element of air, which she equated with beauty and collaboration. The ability of mediators to appreciate the strengths and resilience of the parties and to weave them into the mediation allows for small moments of beauty to be realized in the midst of difficult conflicts. Mediators can also control the sensory parts of the mediation to provide small moments of beauty, even as through small touches like the aesthetics of the room. Connections occur between parties during these moments of beauty.

The third element Professor LeBaron looked to was water, which served as a metaphor for cultural fluency. She provided participants with a vivid image of water weaving around the various “rocks” or barriers parties face in recognizing and coping with cultural difference. She pointed out that mediators must take a tailored approach by asking questions and by recognizing alternative logic systems, values, and social stigmas. Mediators must tread carefully around these issues since each person has their own uniqueness, and be able to be comfortable with ambiguity.

Finally, Professor LeBaron discussed the element of fire, which represented creativity. When parties are in the midst of difficult conflict, they do not naturally act in creative ways and therefore need the leadership of mediators to foster creativity and collaboration. Professor LeBaron told a captivating story at this point about the deepening colours and richness of clay pots when subjected to fires. She encouraged mediators themselves to “stand in the fire”, and take innovative risks to find creative solutions. She also asked participants to articulate where their wellspring of creativity comes from, and reflect on how it could be applied to their work.

Professor Lebaron guided participants at this Speaker Series session through a rich exploration of their leadership capacity in dispute resolution. She thoroughly impressed upon everyone the importance of this leadership capacity, the natural partial nature of it, and four core elements of its expression.

The next two Speaker Series Events take place this month. On November 15, from 4:30=6:00 PM, is John Wade’s “How to be an Effective Hard Bargainer – 10 Lessons”, and on November 30, 4:30-6:30 PM Lee Turnbull will be giving an Ethics Workshop. Both events are at the KPMG offices downtown at 777 Dunsmuir Street and cost $20 for non-CoRe members. RSVP to coreclinic1@gmail.com to reserve a seat!