Neurobiology seems to be connected to varying branches of sciences Can even give new insights for the legal profession, especially in dispute management Neurobiology can utilize breakthrough technology that enables an individual a peek of another’s brain; making decrypting behavior, the motivation behind it, and its accompanying emotion, or even the lack of thereof, easier. A feat that was deemed impossible half a century ago. However, neurology when used in the legal profession is new, thus, more prone to errors
Bulk of findings: suggests that we attach meaning to different circumstances (interpreting evidence, weighing witness testimony, etc) Meanings attached: influenced by personal emotion, experiences
Aim of the Study: To focus on current processes by which parties, counsel, and ADR neutrals try to resolve disputes, initiate human reactions that may occur when conflict arise, and to assess how effective our process for dispute resolution may be in terms of what current discoveries in neurobiology would seem to suggest Seek to examine how subjective perceptions can have unintended consequences in terms of triggering certain behavioral pathways, and possibly cause conflicts to escalate
THE TEN “NEURO-COMMANDMENTS”
According to theories the human brain evolved to show three distinct layers that influenced the way humans react and deal to situations and conflicts. Reptilian Brain: Autonomic reflexes. Activated when survival is at stake Limbic System: Emotion center; Neocortex: Higher order thinking
From the theory’s point of view, thoughts, no matter how rational or objective it is, is first filtered by emotion Explained why humans cannot or have difficulty thinking logically under extreme emotions (ex. Anger, grief)
Creationist Theory: suggests that humans are “hardwired” evolutionarily (QUESTION: IF IT IS HIREDWIRED, CAN THE WAY HUMANS PERCIEVE A SITUATION BE BROKEN DOWN LIKE HABIT?) “Thou shalt consume your brains resources efficiently and make patterns”: brain cannot function when glucose and oxygen levels are depleted and/or an individual have sub-optimal rest. QUESTION: HOW COME WE CAN THINK/FUNCTION DESPITE HAVING LITTLE FOOD/ SLEEP, AS IN THE CASE OF
CRAMMING BEFORE AN EXAM? That is because the human body have glucose reserves in the body that is utilized when an individual is in “survival mode”, which functions as a compensatory mechanism in times of need. However, when the phase is done and the body returns to its normal function, damage to the body will take place and effects will become evident (ex. Weight loss, easy fatiguability despite 8 hours of sleep, etc) “Thy shalt predict according to thy pattern”: as humans grow, new patterns of behaviors are developed to adapt easily and efficiently to their environments (An evident fact when children from different backgrounds are observed) It should also be noted that children copy the behavior, reaction, and way of thinking of their primary caregiver In cases when there is a conflict between prior attitude (attitude developed/copied from primary caregivers) and the choice made for the current situation – cognitive dissonance occur (READ COGNITIVE DISSONANCE THEORY http://www.simplypsychology.org/cognitivedissonance.html) “Thou shalt avoid and be far more sensitive to danger/fear than to reward/pleasure which thou shalt seek”: The human brain have to reflexes: pain/fear and pleasure/reward. Apparent especially in commercial disputes where money may be perceived as reward (associated with feelings of security/pleasure) and having to pay for damages as danger (triggers feelings of aggression/fear) Stimuli of pleasure spurs creativity, as the person works out how to get the incentive A single negativity stimulus, however, may outweigh many positive stimuli and affect human behavior for far longer “Thou shalt first perceive via emotions before being able to self—regulate (unconsciously) before being able to self-regulate (consciously or by habits)”: Suggest that human brain, and the way an individual think, can change over time. Change can be for better or for worse (Example: Better-through brain training exercise; Worse-Blow to the frontal cortex which can alter logical thinking, reasoning, memory) Brain flexibility can shape personality Gray matter can actually shrink or thicken; neural connections can be forged and refined or weakened and severed. Changes in the physical brain manifest as changes in our abilities. For example: when learning a new subject, logic for instance, it reflects a physical change in our physical brains. New “wires” (neural pathway) are formed that give instructions to our bodies on how to perform each step “Thy ‘social’ stimuli shall be as powerful as thy ‘physical ones”: Suggest that social status is important in a human being. Supports the saying that ‘no man is an island’
Negative social stimuli (example social exile) can trigger feelings of emotional pain (also similar to physical pain) The ‘neuro-commandment’ also suggest that by activating the pleasure center of another individual, a lawyer for example, can illicit cooperation and reciprocity of the individual “Thou shalt seek safe or comfortable status position at all times”: Suggest that it is human nature to seek security in life. Below shows Maslow’s hierarchy of needs:
Also explains why people seek to avoid shaming or shunning within their communities. For example, domestic violence towards husbands are rarely documented because of the shame it may bring to the individual, more so in a male-dominated community “Thou shalt relate and empathize ‘in-group’ (but not ‘out-group’)”: Whenever we are with individuals who we trust (the in-group), our body releases oxytocin, a neuro-peptide that plays a key role in social attachment and affiliation (explains why children are more attached to their mother than their father, or any relative for the first three years of life) On the other hand, increased oxytocin brought defensiveness and/or aggression towards individuals we perceive as a threat not only to ourselves, but also towards to individuals belonging to our in-group
This explain why significant others of an accused can act aggressively when the individual is questioned, even though no one implied that the individual committed the crime “Thou shalt react negatively to unfair behavior”: Suggests that when proposals are deemed to be fair (50:50) they have higher chances of being accepted, whereas unfair proposals are more likely to be rejected (ALSO KNOWN AS OPERANT CONDITIONING) For a short explanation, see diagram below
Lesson: Rephrase proposals so that the other will perceive it as favorable for his wellbeing. However, is this ethical? “Thou shalt be motivated by autonomy or by feeling autonomous”: Situations that give autonomy as opposed to taking it away also have a similar link to motivation. Studies looking at choice have found that
increasing a participant’s options and choices increases their intrinsic motivation Humans must feel that they are performing a task because they chose to do so, not because they are pressure by other people or external factors (The Framing Effect of “Keep” vs. “Lose” page 12/36) There are 2 ways to influence the level of autonomy a client enjoy: 1) Offer choices as to the types of exercises you will use with clients 2) Redefine what exercise means to them “Thou shalt operate cognitively in 2 gears (‘X’ and ‘C’ Modes): I DO NOT KNOW THIS ONE NIGGA !!! APPROPRIATE DISPUTE RESOLUTION: COMPETITIVE VS. COLLABORATIVE PROCESSES
Negotiation: Most consensual process, where parties retain full autonomy Power and persuasion is used by the dominant party to sway the other to agree to his way Positional Negotiation: A competitive or adversarial process Each party is trying to influence the other through power to convince the other party to move to their direction Legal rights are used as leverage Activates fear reflexes Misunderstanding of the other party escalates to being perceived as stubbornness, bad faith, or a threat to be controlled When an award is rendered, the arbiter will always be viewed as impartial by the losing party Interest-Based Negotiation: Requires compartmentalization of feelings, interests, and positions Encouraged to understand one-another’s alternative to a negotiated agreement Goal: generate possible solutions for mutual gain that can be monitored and evaluated using objective criteria Creates a feeling of shared purpose and feeling of belongingness
