Category Archives: Negotiation
Putting the Pieces Together
Kung fu masters have come up with many teachings that sound poetic but are extremely practical. For instance, people who practice Chen style tai chi say, “Don’t hit. Kick with your hands”: have a complete connection between your sole and your fist. It goes along with a Yang style tai chi saying that is a bit more explanatory: “All movement is rooted in the feet, controlled through the waist and expressed in the hands,” or one of the core principles of every style of tai chi, “If one part of me is moving, all parts of me are moving. If one part of me is still, all parts of me are still.” The endless hours of horse stance practice from external martial arts styles and standing qigong (zhan zhuang) from internal styles are not just to make one’s legs stronger and alignment better, but also to teach students to feel the connection between all parts of their bodies, how extra tension in the calves translates to imbalance that makes them hold their shoulders more tightly and painfully. The training even reaches further inside the student’s body, teaching him to breathe with more coordination, as in the “microcosmic orbit” breathing from the external styles or “back breathing” from the internal styles. Some Ba Gua students even claim to be able to control the operation of their internal organs. To these students, everything must work together, even, ultimately, autonomic function.
If you are negotiating with someone and your mind is spinning in a million directions, your distraction provides an opening for your counterparty to step in. Your arguments are not cogent. You do not project calm confidence. You forget facts and mix up conversations. Your constant retreats to your phone screen signal disrespect. While it is wrong to see the outcome of every discussion as either win or lose, if you are scattered, you are setting yourself up to lose. Do not be like the tai chi student who merely waves her hands around without the internal connections, whom the masters describe as “scattered and confused.” It is not a new age concept to learn to focus better!
Similarly, if you are speaking on behalf of someone else – whether it is your company, your employer or a client – it is your responsibility to make sure that the chain of communication and decision making reaches as far back as it has to. That way, you speak with the strength of the whole rather than just for yourself. If a company can say, “We hear you, but after consideration this is how the Board has decided to go,” it has much more strength than, “I’m not sure, but I don’t think we can do that.” All the parts of the organization should work together, or else, like the student struggling in a horse stance, some part is going to start complaining.
Realistically, this sort of integration and coordination is more an aspiration than a requirement. No person is focused all the time and no organizations work coherently all the time. As calm and grounded as you may feel on Tuesday, by Wednesday things may change. However, if you mirror the kung fu master, who finds something to improve every time he practices, the effort will pay off. In the meantime, like the student holding an uncomfortable position, find ways to strengthen the situation. Work on communications within your company and lobby your boss to get buy-in at all levels on your issue. Learn to use interpersonal cues to look like you are focused and attentive, and it will strengthen your connections. Take up yoga, tai chi, other martial arts or something that connects your movements. These small steps add up.
Kung Fu Negotiation: The Multi-Level Attack
After some time off over the summer, we’re back with more!
One martial arts tactic that translates well to litigation and other high conflict, win or lose situations is the multi-level attack. A negotiator can use it too, but if the relationship between the parties is important it can backfire and inflame tensions.
The multi-level attack relies on the fact that people have trouble keeping their attention on more than one dangerous stimulus at a time. There are two related versions. One is to distract (feint) and to strike. The other is to hit two spots at the same time.
Distract and strike carries over the best. In the well-known “jab-cross” that boxers use, the jab is a poke with one fist to draw the opponent’s attention, and the cross is a second punch with power that follows an instant later. There are many kung fu techniques that involve a snap kick to the groin that may or may not make contact, followed up an instant later with a strike to the face or another vulnerable spot. Distract your opponent with one thing, then follow up with a hard-pressed point that is really important to you. It is a variation on what negotiation theorists call “positional bargaining” in which a party stakes out a strong position knowing that he will back off of it in exchange for a concession elsewhere.
Other techniques involve striking more than one place. For instance, a complicated move from the Hung Gar Tiger-Crane set is called “Crane Flashes Wings”: one hand blocks, the other slashes across the opponent’s eyes while a snap kick comes in from below. Northern Shaolin Long Fist has a number of these techniques, including the well-known “Simultaneous Kick and Punch”: a snap kick to the groin and a punch toward the face, followed by a very powerful punch that will break your hand if you are not prepared to follow through. Even Yang style taiji has a nasty (and impractical) move with the poetic name “Step Up, Advance Seven Stars,” which is either (i) a simultaneous kick and crushing of the windpipe or (ii) a simultaneous low kick, punch to the midsection and punch to the face. In litigation, the equivalent is filing multiple motions, separating issues into multiple pieces of paper to appear before the court or even filing multiple complaints. I have been involved in a few disputes in which there were five or six separate actions pending in five or six separate state and Federal courts on essentially the same matter. By focusing the opponent’s attention on multiple attacks, this approach runs up the cost and the annoyance of continuing the conflict for the opponent. It is useful to demonstrate overwhelming strength, resources and determination, but is most often used when one is weak and wants to pick up a few victories to turn the tide of the conflict.
If you are on the other side of one of these attacks, your options may be limited. In martial arts, the masters have developed a counter-technique for each technique that might be used against them. In personal interactions, your response may be to step back and not engage (what the martial artists call a “yin block”), or to engage on each point if you do not know what is meaningful, or to draw the conversation to the point you deem the other side’s position to be weakest (the equivalent of the martial arts joint lock). In litigation, you have to respond or risk default, although motion practice and asking for continuances attenuates the power of the attack while running up the cost of continuing the dispute for both parties. Continuing the pain can be a good strategy, since people often agree to resolve disputes only after they are tired of the fight.
In a confrontational situation, conflict fatigue can help parties step back and engage in “interest based negotiation” – figuring out what is important, negotiating about that and letting the rest fall into place. It is like being able to tell the feint from the strike, or knowing how to push the opponent off balance so his wildly swinging fists do not strike their target. Sometimes you have to carry on the fight long enough to get there.
Aikido and Conflict Resolution
At a conference on Collaborative Law last week, I had the pleasure of attending a session on Aikido and Conflict Resolution by Judy Ringer, a consultant and practitioner from Portsmouth, New Hampshire (www.judyringer.com). It was great to see someone else picking up on some of the same connections I’ve been writing about here. Even though her approach was different than mine, some of her core lessons, like centering and redirection, were the same. Keep up the good work, Judy!
I knew one or two of the other participants who had studied martial arts. Most had not, so it was interesting to see what appealed to them:
- First was the “secret ninja” aspect. People thought it was cool to be learning anything about martial arts. Truth be told, most of us had that before we started training! I hope it whet some people’s appetites. A couple of people said to me afterwards that they had always wanted to learn an Asian fighting system.
- Redirection is the essence of Aikido and plays a large role in many of the Chinese internal martial arts. It is a hard skill to learn in pure martial arts training and it is really hard to teach in an hour to people with no background. Talking to other participants afterwards, some felt enough of an internal connection to start to relate it to dispute resolution techniques. Others not so much, although all were impressed with the Aikido demonstration and philosophy.
- Being centered seemed lost on many. I think they were confusing the concept of physical centering with its new-agey equivalent. The reality, as all martial artists know, is that physical centering (perfect physical alignment) can lead to psychological centering. See my posts on Listening and Standing, Part 1 and Part 2.
- Being rooted was something people grasped immediately. Can I push you over or not? This crowd, experienced in conflict resolution, felt in their bodies what it meant to be rooted. I may add that to my repertoire when it comes to my own conflict resolution practice. Is there an ethical way to have people in conflict do something like Tai Ji push hands? What if they already have a relationship that might provide some built-in limits?
- People didn’t want to just have the experience. They needed to talk about it. One of the other participants, Prof. Robert Kubacki, who co-chairs the Civil Committee of the Massachusetts Collaborative Law Council with me (www.massclc.org/civilcollaborative), thought it might have to do with the distribution of Meyers-Briggs “S” and “N” types in the room. This crowd was over-weighted in the “ST” department, which suggests that a mix of concepts and hands-on experience was the best way to teach them.
I’m thinking about following in Judy’s footsteps and offering presentations on Kung Fu Mediation – making sure to allow time for a facilitated discussion about it afterwards! Please back-channel me if you have any thoughts on the topic.
Negotiation Like a Kung Fu Master: Duck!
It is good not to get hit.
If someone punches at a kung fu master, the master has many choices. He can block the punch, redirect it so its energy is harmlessly dissipated, strike back at the same time he is protecting himself, trap the punch momentarily while he lashes out with a kick, lock the puncher’s elbow, wrist or shoulder joint in order to immobilize and control him or even use the energy of the punch to throw the puncher across the room. He can also be somewhere else when the punch arrives, a so-called “yin” block. There is no shame or cowardice in not taking a blow. It is OK to duck if you know your next step. As long as the punch does not reach you, you are safe.
For the negotiator, the situation dictates the nature and level of your response. Sometimes it is better not to engage. For instance:
- Faced with a situation in which you are eventually going to lose, it may be better to postpone conflict for as long as possible.
- When someone is trying to bait you by engaging in personal attacks or otherwise pushing your personal or organizational buttons, it may be better to ignore the behavior than to ramp things up.
- When your counterparty is agitated, it may be better to let him tire himself out or become more annoyed rather than trying to negotiate with him in that state.
- When your counterparty is a moving target, it may be better to let him settle into a position before you respond.
- When your counterparty is not in a strong enough position to do damage or merit a response, it may be the best use of resources just to keep an eye on the situation.
- When you are waiting for external circumstances to turn more favorable, it may be better for you to postpone an exchange.
So, where does that leave our fearless negotiator? After avoiding conflict, does he stand his ground? Does he strike angrily at his counterparty? Does he do like Sir Robin in the movie Monte Python and the Holy Grail:
“Brave, brave Sir Robin/Bravely ran away/Away, away, away he ran/Oh, brave Sir Robin!/When danger reared its ugly head/He bravely turned his tail and fled/Yes, brave Sir Robin turned about/And gallantly he chickened out ….”
The answer is easy. Use the time in which you have not engaged to position yourself to respond. Whether you are thinking about the best response, marshaling organizational assets, dealing with internal organizational politics, letting your counterparty dig himself a hole or even preparing a better escape hatch, you may be able to improve your negotiating position for the next round of talks.
It is a mistake to confuse doing nothing with being ineffectual. Sometimes, stepping out of the way is the best thing you can do.
How to Negotiate Like a Kung Fu Master: Snakes Versus Cranes
Crane
The kung fu master must size up his opponent. One of the things he looks for is how the opponent is likely to attack or respond. In the Shaolin five animal-five element system, the way a person’s body moves and his or her innate approach to conflict drift toward certain of the animal archetypes. People are leopards, snakes, tigers, cranes and dragons in different measures. Each animal is associated with one of the five traditional Chinese elements: wood, earth, fire, air and water, respectively. It’s not just for kid’s movies! People follow the same approaches in negotiation. You can learn to pick up on it.
Air and earth are opposites, yet connected. There is a well-known martial arts legend about a kung fu master’s observing a fight between a snake and a crane. The crane struck and the snake coiled out of the way, then the snake struck and the crane brushed it out of the way. The master went on to develop techniques that mimicked the animals.
In conversations, people who channel their inner crane often prefer to evade sharp, unpleasant truths jabbing at them, even as they politely lance out themselves. When they do engage they may prefer to stick to abstractions, principles and the big picture. We see this often among mid-level businesspeople from certain Asian countries. It is something their culture has selected for. People who are channeling their inner snake, the predominant type among mid-level American businesspeople, may prefer details. Listen to whether people are using inductive or deductive reasoning, whether they work from concepts and apply them to real-world situations (crane) or work from details and use them to build concepts (snake). These two types may sound like they are speaking together, but they are really speaking two different languages. In the world of money, think of economist and manager: the perspective from which they discuss dollars is very different.
As a concrete example, think of a discussion within a manufacturing company about whether to expand a certain aspect of the business. One person speaks in generalizations of corporate strategy and macroeconomics. If the generalizations sound internally consistent they may indicate the way she thinks, but if not they may be like patches holding together an argument based on interests that are yet to be revealed. Someone else goes right to the numbers, or the practicalities of a staffing issue. The first speaker’s connection of the decision to the corporate mission statement seems to elude him. It may be hard to hear coherence amidst the detail, but one can listen for whether the details are obfuscation tactics or that person’s actual understanding of the situation.
Many of us have encountered similar contrasts in family arguments. Listen for words like “always,” as compared to a concrete focus on detail: “You’ve always acted like you don’t care about _____, so why are you bringing it up now,” versus, “I remember a Tuesday night four years ago when I came home from work and you said very clearly, ‘_________.'” While both charges may be redirection or misdirection tactics having nothing to do with the real concerns, they may also reflect actual ways of thinking.
Different walks of life attract different personality types in different cultures. Listen for the patterns. Being able to read the person sitting across the table from you will help you in your next negotiation. It can also help you manage the conflict that can arise from different ways of thinking and speaking.
Kung Fu Tactics in Negotiation: Using Soft Techniques
We Americans are raised in a culture that values directness and aggression. As a result, most of us have a hard time grasping one of the great negotiating skills: softness and strategic yielding. While it may be difficult to master, it can be disarming and effective.
In his forward to Yang Chengfu’s The Essence and Application of Taijiquan, Zheng Manqing (Cheng Man-ch’ing) writes, “The way that softness subdues hardness is gradual, while the way hardness subdues softness is abrupt. Abrubtness is easy to detect, so is easily defeated. It is more difficult to sense gradualness, so it often prevails.” People often think of “soft” as meaning “weak” and “hard” as being powerful, especially when it comes to physical fights. Yet anyone who has ever seen a taiji (tai chi) fighter knows that yielding and neutralizing can be incredibly powerful techniques (check out some of the endless online video clips). If you are not there when your opponent strikes, he may be thrown off balance, leaving an opening for your counterattack. That is especially true if his punch is hard and abrupt, leaving him no way to respond to you other than to hope he can pull back and reload. The art comes in making him think you are there, right up until the last instant – a technique from internal martial arts like taiji “push hands.” A variation from the external martial arts is known as a “yin” block, or disappearing from the place your opponent is trying to contact, as opposed to a “yang” block like knocking a punch out of the way. Some of the Crane techniques are great examples.
How do “soft” and “hard” work in negotiations? The key to “hard” is full frontal strength, over-muscling your counterpart. That works if you are big enough, but try negotiating the boilerplate in your car lease and see how far you get.
There are two keys to “soft.” Knowing how to yield may mean picking your battles and not making every point a bone of contention, like you have to do when dealing with a difficult two year old. It may mean seeming to acquiesce, in whole or in part. It may even mean asking for more and more explanations, or spending time on ancillary issues. These are all techniques you can use for other reasons in any conversation, but they are also techniques for yielding and neutralizing.
The other key is timing. Sometimes when you ask people to explain themselves over and over again because you just do not get what they are saying, they wear themselves out. You can feel them starting to hear their own logical gaps, and then you come in with a counter to move them off their position. When you have circled around an issue for long enough, your counterpart may grow impatient and feel the need to jump into the more difficult issue in an awkward way that sets you up in a better position.
The essence is to pay attention to the gaps. It is traditionally referred to as the old strength being exhausted: your time to strike is the moment between your counterpart’s extension of the old punch and its retraction in preparation for the new. Consider that in the ebb and flow of the conversation.
Shamanism, Martial Arts And Negotiation?
Sorry, this is a strange post, even for an offbeat blog like this one!
I’ve recently come across a couple of articles suggesting that the origin of martial arts lies in ancient shamanistic practices rather than the practical need for self-defense. For instance, there’s this article on “Shamanism and the Origins of Martial Arts,” and this article on “The Shamanic Origins of Tai Chi.” The latter article begins by describing how much a “spirit dance” by a shaman of the Ka-ren tribe in Thailand reminded the author of tai chi.
These ideas are interesting, particularly since the shamanic roots of Daoism are well-accepted in academic literature. As all you kung fu masters and other readers know, Daoism has played a key role in the development of tai chi and other martial arts. The way most of us practice, though, the ideas are a bit of a stretch – but if you feel like you are channeling a noncorporeal snake during training, who am I to argue? Teachers have been telling me for years to figure out how to BE a leopard, so I hope somebody gets it even if it eludes me! The fact that this is an often-used teaching method suggests that there is something to it, even if you are not a member of an animist tribe.
As an armchair anthropologist (who actually spent some time among the Ka-ren, a long time ago), I wonder how this carries over to daily life. If a modern person negotiates with the intense, quiet focus of a snake, is he engaging in the contemporary equivalent of a shamanistic spirit dance? Does the answer vary culturally, depending on whether that person is a woman in Boston or a man in the Philippines? It would make a nice research paper for someone.
With some mediators I know, the answer is clearly closer to yes! The Wikipedia definition of shamanism states, “Shamans act as mediators in their culture” (mediating between the living and the spiritual world). The Association for Conflict Resolution has a Spirituality section. Many mediators are explicitly motivated by religious ideas – I can name half a dozen people who have expressed this to me in terms their own backgrounds, as pastoral obligation, doing God’s will on earth, healing the world, etc. Some of these people are incredibly effective.
If this sense is a motivation for your work as an advocate, negotiator, mediator or even arbitrator – whether you want to BE the tiger or BE the balancing point – you can take it to the next level. Try adding in some physical elements, like those the shamans use. Kung fu training may give you an archetypal boost.
Kung Fu Negotiation: Staying Centered With the Art of Ba Gua Chang
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.
Kung Fu Negotiation: Hit With the Ground
Xing Yi stylists are taught to “hit with the ground.” Chen Style Tai Chi practitioners learn to “punch with the feet.” The point is the same: maximum grounding at the point of contact, transferred seamlessly to the striking point, so the power of the punch does more than push the puncher off his feet. The fancy part of martial arts – all the punching, arm waiving, kicking and screaming – depends on remaining rooted.
Literature suggests one way being rooted translates into applications other than physical fighting: through backing up one’s own will with the interests of the group. For instance, in John Brunner’s disturbingly prescient science fiction novel The Shockwave Rider, the main character advises his captor that he has been “searching for a place to stand so that I could move the Earth.” He eventually escapes by recruiting his captor and does find a place to stand, within a small community of people who share a common goal.
In his more modern book, War, Sebastian Junger writes of the power of the brotherhood of the platoon, touching on evolutionary theory to show how one overriding driver of men’s behavior on the front lines is their being subsumed within a small group. Loyalty to that group is the fulcrum upon which infantry soldiers are able to survive and sometimes thrive under chaotic, dangerous conditions far removed from their pre-military life.
Negotiating from a position of strength means more than having a good argument or a special product with a premium price. It means that one needs the ground, the feet, the fulcrum. Most of us can be pushed further individually than we can when connected to a group, whether that group is a family, a workgroup or an organization. I never appreciated the distinction until I had the opportunity to serve as a member of the board of my apartment building many years ago. I found myself in a room with people, some of whom I liked and some of whom I despised, managing a litigation against a small building in which each of us was also named personally. All remove fell by the wayside: the plaintiff was after my home, my family, my neighbors, my fellow board members. That was the ground from which I was striking: I was defending the group.
One danger that the professional negotiator faces is the lack of ground. Lawyers and other third party negotiators who can be like the mercenaries of the process find a temporary connection to their clients’ groups and sometimes have a hard time separating themselves from the client – but at the same time, since they are ultimately not the maker or direct beneficiary of the negotiating decisions, may not have the benefit of the grounding that someone who actually works for the client has. Useless puffery becomes easy. Even within an organization, since all jobs at all levels are insecure in today’s economy, it can be difficult to find a true fulcrum from which to effect internal or external change. And therefore, it becomes easy to be another kind of paper tiger: not just one who acts in an inauthentic manner, but one who mimics speaking from true interests and merely stakes out positions.
Find your ground to make your hit more effective.
Kung Fu Negotiation: The Iron Palm
One of the great legends of the martial arts is of people who can go beyond breaking boards with their hands. Stories tell that these people can break bricks or rocks. For some reason, a persistent story revolves around breaking coconuts.
The legends extend to other body parts. “Iron arms” is the name of a particular two-armed block in a few different kung fu styles, but the name also refers to superhuman blocking techniques that snap the bones of one’s attacker. Many styles claim to develop an “iron body” (in external styles) or secret energies that block blows anywhere on the body called “iron bell” (in internal styles). And then there are disturbing stories about the “iron crotch.”
The funny thing is, these stories are real. I have seen people split rocks. I know people who train by cracking coconuts. Check YouTube for clips of men dragging cars by their private parts.
The goal of Iron Palm training is to increase bone density, the ability of one’s joints to take the vibration of a hit and the flow of qi into the hands. It is not a flashy exercise. There are many variations, but here is an easy one: let your hand fall from shoulder height into something yielding. Completely relax so the qi flows through your arm. Do it a few hundred times a day, using different strikes that hit different parts of your hand. I spent about a year practicing with a five pound sack of beans. The next level, after about a year and a half, would have been a year or two with a bag of small river stones – if I had felt the need to be able to do the kind of damage a true Iron Palm master can inflict.
One important aspect of the training is to protect the hand from bruising and increase qi flow through application of a mysterious liquid called dit da jow in Cantonese. You can buy commercial stuff, but it is not hard to make a jug of your own if you have access to the recipe and a source of herbs.
The application of the Iron Palm to negotiation is simple. You have to build up until you are an expert. Just as few people develop hands that will crack coconuts after short practice, few people are born with all the interpersonal and strategic skills needed to become a good negotiator, advocate or mediator. Although I write often about re-directing energies and not being full-on aggressive all the time, you need the steel inside to be tough when the situation calls for it. That takes preparation. Read about negotiation. Find ways to practice it. Apprentice yourself to someone experienced. Take classes. When the crunch time comes, when you find yourself in the ring, you will then know what to do.
Kung Fu Mediation 