Category Archives: Arbitration
Kung Fu and the art of gentle persuasion.
Translated literally as “Eight Trigrams Palm,” the martial art of Ba Gua Chang is traditionally only taught to students who have first achieved a black belt in another discipline. It is said that anyone can learn the art of Taiji; one in 50 can learn the art of Xing Yi, another internal style; and only one in 100 can learn Ba Gua. It can be that complicated.
Ba Gua is a mashup of Zen circle walking, aspects of the Yi Jing (I Ching) and many different internal and external martial arts forms. People in China even attribute semi-magical qualities to it, like rebuilding qi to recapture youth. Some say that Ba Gua is one of the root practices of aikido, and the expert practitioner indeed moves like the aikido master, smoothly and effortlessly floating from one movement to the next. If you want to learn more about Ba Gua, check out masters Bruce Frantzis at http://www.energyarts.com and Jerry Cook at http://www.youtube.com/watch?v=0na1tpjkh1Y.
What does it have to do with negotiation, mediation or arbitration? If we look to the foundational exercise of this system, it becomes clearer. The root of Ba Gua is walking in a circle like the Zen masters. Pick a clear area 3-5 feet across. Raise your arms up into a guard position, with your right hand at shoulder level, slightly higher and further extended than the left. Start walking in a circle toward your right (clockwise), always keeping your shoulder and hand pointed toward the center of the circle. Step with your feet flat. Keep going. After a couple of times around, switch to your left hand, left shoulder, left direction. Do it again, then switch back. If you want to take it to the next level, always keep your eyes on the tip of your finger as the blade of your hand faces the center. Start circle walking just a few minutes at a time before you build up to more.
The key word here is “center.” You are circling the center, which when you get to applications will enable you to circle around the person attacking you. You are moving around the circle, which will enable you to move smoothly into some nasty joint locks and throws. Your focus is always on the center, not directly forward or on yourself, so you are always able to be flexible with your tactics.
Likewise, in a negotiation, your eyes need to be on the center: the reason you are in the negotiation. If your eyes are directly forward, you may get locked into a path without realizing why, or maybe even confuse that path with your real goals. If your eyes are on yourself, you may be too protective, and in your concern about being hit you will lose sight of your goals. If your strategies do not revolve around your real goals, you may be too easily deflected.
In a mediation, be prepared to circle behind the other party or even the mediator. You can do that if your attention stays on your goals, and if you are prepared to be flexible in the way you reach those goals. During this type of intensive negotiation, the circumstances are constantly shifting, and you need to be able to adapt.
In an arbitration, keep your focus on the center, the core of your argument. Try to move smoothly from one presentation of evidence to another, creating as even a flow as possible with no breaks in the argument. Take charge of the room like the Ba Gua master who looks like he is doing a solo ballroom dance even though each of his small movements can be devastating.
Ba Gua is designed so that one can fight eight people at once! It has major application in multiparty negotiations, settlement discussions or arbitration. When there are so many agendas on the table and so much complexity of competing demands, personalities and information flow, it is easy to be distracted and overwhelmed. Keep your focus on the center so you are prepared to ward off or attack each one of the other participants. The number of possible responses multiplies like the number eight in Ba Gua applications, Daoist thought or Chinese superstition, but unless you keep that focus you will get lost in the detail and have no power behind your implementation.
If there is one thing to remember about Ba Gua, it is this: if you focus on your goal despite chaos and try not to get locked in to a particular solution, you will be ready for whatever conflict your situation throws at you. It is another way of looking at interest-based negotiation.
I love tai chi (taiji). Learning the full Yang style form takes about a year. If one rushes through, it is easy to get confused.
Once you learn the form, it is easy to get lost in the moving meditation of the movements. There are layers upon layers of complexity, so you can sink without limit into the detail. Some people have said that tai chi takes more than one lifetime to learn. There are even hidden codes in the movements that bring the form to life in strange and unexpected ways. Some things are not for the Internet, though!
In application – for tai chi, the great ultimate, is a martial art – the goal of the Yang style is to be “a needle wrapped in cotton.” The motion is soft and flowing, yielding gently like a ball of cotton, but with cold, hard steel on the inside. The practitioner yields to a push or a punch, making the pusher or puncher feel like he is moving against air, then suddenly turns the force around into a shock that knocks the other party off his feet. It is hard to learn to yield. Even though I’ve been at it for years, I still need a decade or two more practice before I really get it.
If you work at it enough, you can bring this same skill set to negotiation, even though our instinct is aggression. Seem to yield, then push back just at the right time. Redirect the complaints and at the last second turn them around. Embrace the ebb and flow of the conversation. Walk softly with your strength and have the confidence not to have to wave it around. This can be devastatingly effective, regardless of the approach your counterparty is taking. The tai chi negotiator seems to exert less effort, but still often gets her way.
Even if you are in a more formal dispute resolution setting, like an arbitration or litigation, you can still be a needle wrapped in cotton. The litigator who goes full bore in every contact with the judge may have a different reception than his calm opponent who strikes carefully at the important points and does not feel the need to respond to every minor argument. The party in mediation seems to go with the flow, which somehow brings everyone to his point of view. The tai chi arbitrator effortlessly redirects his opponent’s charges and therefore has much less flack to wade through in order to get to his point. He also, seemingly without effort, spends less time filtering the emotional content of the presentation as his opponent. It makes him more credible.
I’ll be writing much more about tai chi, ba gua and other “internal” practices. In the meantime, remember: don’t engage when you don’t have to. Redirect the attack.