Why this new guide to negotiation couldn’t be more timely
John Sturrock says David Hoffman’s book offers a toolbox of techniques for breaking impasses
At a time when, for some, negotiating difficult situations seems to have been reduced to uttering expletive-laden threats and engaging in ill-considered brinkmanship, a new book by David Hoffman, a highly regarded US mediator and authoritative Harvard academic, entitled ‘The Art of Impasse-Breaking in Mediation: A Handbook for Mediators, Lawyers and other Conflict Resolvers’ is a welcome addition to the negotiation literature.
The underlying theme is achieving fair, efficient, stable and wise solutions. The aim is to enable conflict resolvers to fill their toolboxes with techniques for breaking impasses and helping people to turn conflict into creative solutions – and to equip them to do the important work of peace-making more effectively.
The book is an excellent resource for anyone, whether starting out in practice or looking to add new strategies to their repertoire after years of experience. I certainly found reference to it useful in a particularly challenging recent negotiation. Some of the most interesting sections of the book deal with the emotional and psychological aspects of conflict and its resolution – there is “no more important area for continuing education” the author suggests. Hoffman’s references to the Internal Family Systems Model emphasise how important it is to understand, and have compassion for, parties in conflict. This should enable the practitioner to handle the ambivalence experienced by many when both anger and pragmatism can be strong forces.
Sections on Daniel Kahneman’s Thinking Fast and Slow and Jonathan Haidt’s The Righteous Mind and on cognitive biases are particularly helpful, together with discussion of Kahneman’s work with Amos Tversky on risk tolerance and risk aversion, in a chapter which also addresses topics such as loss of face and issues of principle.
Discussing ‘process options’, we are reminded that, in the words of a colleague of the author, “Every mediation has a beginning, a middle, and an end, but not always in that order.” How true of many negotiations! Topics include the use of humour, food, silence, stories and metaphor. And sections on transparency and authenticity – who we are as people – remind us of the importance of underlying values and that it is ok to be a little nervous and vulnerable at times as we “show up fully as our true selves”.
That the chapter on ‘substantive interventions’ is the longest in the book underscores the richness of its content, with many techniques for use in a wide variety of situations. Wisely, Hoffman counsels that any potential intervention should be presented “with curiosity” as to its appropriateness for the parties and their conflict and might be framed as questions to assist parties to find their own solutions. While most of the interventions described are money-related, there are non-monetary aspects too and the concluding story about ‘A Lagniappe’ – something unexpected and gratuitous – is heart-warming.
Turning to mediation, we often hear it described as taking place in the shadow of the law. However, the author underscores his helpful advice not to demonise conflict, courts, judges and the rule of law by preferring the expression “in the light of the law”. A nice reframe in a book which may well be a ‘must-buy’ for any conflict resolver, whether engaging in mediation or otherwise, who wishes to enhance their skills and techniques. And perhaps a very useful addition to the bookshelves of some world leaders too.
John Sturrock KC is founder and senior mediator at Core Solutions