• Dogs know a surprising amount about conflict resolution.  One of my dogs is a zen master at conflict resolution.  He has no attachment to past and blame.  He approaches everyone - canine and human with an open heart and mind.


• My other dog is good at conflict resolution most of the time, but she does hold on to one or two seemingly never-ending, epic feuds. The sight of the arch-nemesis is enough for the red mist to descend.  After a good trash barking, she quite happily moves on wagging her tail, vindicated in her belief that the other dog is 'no good'. 

Together both dogs have valuable lessons for humans in conflict: 

• Focus on the here and now: yesterday may have been a disappointment.  Perhaps in the past there were mistakes made by other people, and there is hurt and blame. Dogs know that if you want to move forward you need to focus on the present.  By focusing on the past and blame, you will stay there and not be able to move on. Dogs are expert at letting things go and moving to a new and possible future.  Yes terrible things may have happened in the past, if you remain in the past there is no hope of changing the future. Creating structures to move ahead is a difficult choice, but the alternative is to remain in the past.
• Never-ending battles take their toll on you: we may comfort ourselves if we continue to fight that we are 'right' and that we are defending a 'principle'.  However, as my dog has found out, she is always on leash downstairs because I need to know that if the arch nemesis appears my dog will be under control. By contrast her brother, who was bitten by the arch nemesis has moved on and is free to amble as we walk and greet the neighbours. Sometimes, as humans we feel that it is 'right' to keep fighting, we need to understand that continuing a battle comes at a price.  We may pay in our emotional well-being, psychological well-being, legal costs, and opportunity costs. There may be others who suffer as collateral damage from our campaign. 
• Forgiveness is a gift, we give ourselves: a long time ago, one of my dogs bit the other by accident. Whilst the blood was gushing from his ear, his sister demonstrated instant remorse. He forgave her immediately.  As humans we mistakenly believe that forgiveness is a gift we give other people. In fact, there is significant research to show that forgiveness has health benefits for the person giving it.  Dr Fred Luskin from the Stanford Forgiveness Project encourages people to forgive those who wrong them.  This is not because the person being forgiven deserves forgiveness, they may never know they have been forgiven. Forgiveness frees us from the hurt and allows us to move on and heal. We stop trying to enforce the unenforceable rule and allow ourselves to focus on our own healing.

What do dogs know about negotiation? I would argue that dogs understand a lot about negotiation.  On a daily basis, I enjoy watching my dogs negotiate with me to achieve their goals. They are stealth negotiators, clothed in fur.  On an instinctual basis, dogs can teach humans some great lessons about negotiation. 

The question is - are we clever enough to learn from them?

• ​Focus on your priorities: understand what your goal is in the negotiation?  you may have many needs / wants e.g. cheesy biscuit / salmon chew / squeaky toy.  Identify the priority, reflect on what it is you really need to achieve and what would be nice to have. Once you have done this - remember it.
• Focus on the wins. As humans we are wired to respond to perceived losses more than to focus on wins. In the midst of a mediation, when someone has been able to achieve their priority goals, I often hear, "but what about ....?".  My role requires me to remind parties that in negotiation, there will be wins and losses. Dogs know this instinctively.  If a dogs "wins' the salmon chew, they will not be complaining about the loss of the cheesy biscuit.  A dog will devote their attention and focus to the win.  As humans, we could learn this lesson about how to focus on the wins and accept that the losses were part of the compromise to achieve resolution.
• Focus on giving what you can to get what you need: dogs know that in order to get what they want they will need to give something. This may be a paw, or a sit or an adorable head tilt. As humans in negotiation, we sometimes forget this easy lesson.  We repeat out demand, perhaps louder and more insistently.  We are disappointed when the other person does not give us what we want.  Dogs understand the basic negotiation principle of "you need to give, to get".  The key in negotiation is understanding what is easy for you to give and valuable for the other party to receive.

Next week, what do dogs know about conflict?

What is canine assisted mediation? the question may be more easily answered by asking why canine assisted mediation? David A. Paul wrote a fascinating article about Canine Assisted Mediation which highlights the research around the benefits of dogs.

Paul considers the well-documented psychological and physiological impacts of dogs on humans.  These include:

• decreased blood pressure and heart rate
• increased arterial oxygen saturation
• decreased emotional pain
• decreased cortisol levels
• increased oxytocin
• decreased stress, depression, anger and anxiety

For anyone considering mediation, parties are likely to experience, stress, emotional pain, anger and anxiety.  As a mediator, the thought that the presence of a dog may help to reduce these negative impacts on parties is particularly enticing.

Paul suggests the use of therapy dogs who are trained to work with people in pain and who are monitored to ensure that the dogs are not experiencing stress themselves.  Rather than being responsible for the technical aspects of the process, the canine assistant would be present in the mediation to help parties to self-regulate and to improve the atmosphere in the mediation.  

The presence of the canine assistant would allow parties the opportunity to increase their ability to regulate and self-soothe. In mediation, parties are sometimes so focused on their emotional reaction to the other party that they are unable to negotiate effectively. They may continue to argue about the past / blame rather than trying to problem solve the future. If dogs can help to calm parties this would be a significant benefit to the overall negotiation process.

He does caution that mediators and dogs need to be specially trained to participate in canine assisted mediation. Without doubt bringing any living creature into a conflict situation needs to be done sensitively and ethically.  As a dog lover, I can see the promise of canine assisted mediation.  Dogs have many lessons to teach us about negotiation and conflict.

Next week what can dogs teach us about negotiation?

Every day my dogs have taught me something about life or myself.  In the next few weeks, I will share some thoughts about the gurus in our homes and what they can teach us about conflict and negotiation.

Back at mediator school, we would brave the small claims court and attempt "guerrilla mediation".  It was a challenging space to work in and often we were in the corridor outside the court room.  One day I turned up at Santa Monica's court house to be told that the generator was down and therefore court was cancelled.  The clerk for Court Room 4, Dwight was outside on the grass with the parties and was explaining that they would need to reschedule for court or they could mediate right away.  

Within a few minutes I was mediating an employment dispute about termination. As the former employee started explaining her position, a golden retriever walked a few feet away from us heading for the trees. A few steps further on and the dog rolled over as his delighted dog walker exclaimed "tummy tickle time".  It was distracting to say the least. We all gazed over and smiled at the happy dog and owner.  A shift came over the conversation. I think that everyone had realised that maybe life held other possibilities. We continued to mediate and they were able to reach agreement.

In mediation, it can be a struggle to shift parties from their positions to a negotiating posture. The golden retriever was able to assist the parties to shift just by rolling over.

Without realising it, I had just seen the benefits of canine assisted mediation.  There is a a lot of research to suggest that just seeing a dog can help to lower cortisol levels and lower blood pressure.  Next week, what is canine assisted mediation?

Jean-Paul Sartre is not often associated with positivity or hope.  However, you may be surprised by the quote below which is from his play, Bariona.  In an article looking at Sartre through the lens of positive psychology, Quackenbush, Lockwood and Cyr argue that Sartre's philosophy may be summed up as: I have dispositions towards future action, but this can be altered.

Are hope and despair two sides of the same coin? Michael Schreiner commented that they are two sides of the expectations coin. Both hope and despair are focused on a set of future and unknown circumstances. Schreiner describes them as an educated guess about what will happen. He argues that hope is despair in disguise as if it is not supported by circumstances then the coin will flip and it will be replaced with despair.  
 
Hope can also be seen as delusional. It can be seen as a form of self-deception. Rather than facing up to the realities of a situation, hope may make someone ‘hope’ for the best.  This line of thought argues that hope may prolong suffering as rather than take responsibility for making changes, someone may hope for the solution to appear.  In addition, rather than accepting a negative reality they may deceive themselves.
 
Hope may be seen as preventing us from preparing for the worst. If we cling to hope rather than prepare and take action we may be overwhelmed when positive expectations are not met and negative realities occur.  This is a special type of magical thinking.  A belief that we do not need to anticipate or prepare for negative consequences as can just cling to hope that things will be better.
 
Hope can be seen as an abdication of our personal responsibility to solve problems for ourselves. If we hope that the ‘deus ex machina’ will arrive and save the day we may cease our own efforts.  if we maintain a false hope that a solution will come we may cease to work on our own solutions.
 
Whilst I acknowledge these challenges, I reject these characterisations. From my perspective, hope is an attempt to navigate an unknown future. I applaud the parties in mediation who have the courage to hope that they can make a better reality than the one they have inhabited.  Without doubt it takes courage to choose hope when bitterness and disillusionment beckon from the present and the past. As a problem solver I am interested in what works.  Does it help for parties to despair? Does it help for them to remain mired in blame? 
 
In mediation, I see people who have no reason to trust, deciding to make that leap so that they can motivate themselves to move forward.  Choosing hope is an acknowledgement that the alternative to hope is a never-ending battle. It is a defiant statement that empowers people to create structures and plans for tomorrow.

On 7 August 54 countries will meet in Singapore to sign the UNCITRAL Singapore Convention on International Agreements resulting from Mediation. Once three countries have signed the Convention it will be available for ratification.

At the National Mediation Conference in Canberra earlier this year, I suggested that this could be a Big Bang for mediation in the same way that the New York Convention changed the landscape for arbitration.

Many practitioners argue that the credibility given to mediation by the Convention should encourage parties to mediate their commercial disputes.

What are the key points?

• a mediated settlement agreement ("MSA") is presented to the court of a signatory country then the court is required to recognise and enforce the MSA
• the MSA must be the result of a mediation - although the wording is broad and inclusive
• the dispute must be international e.g. each party has their place of business in a different country
• the dispute must be commercial 
• the MSA should be in writing; signed by the parties; mediation confirmation and meet documentary requirements of the Convention.

Arguably this is the biggest thing to happen to commercial mediation since whiteboards were invented. 

For further analysis of the potential impact, please refer to my upcoming article in the Australasian Dispute Resolution Journal on the Singapore Convention based on my NMC paper.

In 2009, the Hong Kong Government launched a pledge scheme whereby companies could pledge to use mediation first in the event of disputes.

There are now over 400 signatories to the pledge. 

In difficult times, having a process which is respectful, inclusive, future focused and constructive can make all the difference.  Without such a process people can feel despair, anger and deep frustration.  We can see the results of a lack of process on the streets of Hong Kong. It is time to choose.

For the next few weeks, I will focus on different aspects of Hope. From my perspective as a mediator:

• Hope can be the bridge between today and tomorrow.
• Hope can be the bridge between what has gone wrong in the past and what could go right in the future.
• ​Hope can be the bridge between an imperfect present and a potential future.

Accepting the need to draw a line in the sand and move forward is a key component of mediation. Arthur Ashe, a great athlete and activist shared these thoughts.
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Arthur Ashe