CHAPTER 5. PRESENTATION OF DATA.

CHAPTER 5. PRESENTATION OF DATA.

5.1. Nature of body Language during Mediation.

Body language is described as the use of various parts of the human body to communicate significant thoughts, ideas, feelings, and also attitudes. Through body language, an individual move different body parts, for instance, hands, face, or even the head to transmit a particular message. For example, if a person nods his head up and down signifies agreement while shaking the head from side to side signifies disagreement. Some of the examples of body language include clapping your hands, circular movement of fingers, shoulders being moved up and down, touching eyes as well as rubbing the nose in tension.

Words consist of about 10.5 percent of human communication, and the nonverbal behavior comprises of the rest. In the world today, over 85% of information involves the use of body language. People communicate using body language and nonverbal behaviors, whether collaborating or even combating regardless of gender, color, or even race. In that context, Laban Movement Analysis (LMA) provides a frame through which they observe body language used during the mediation process. They share information about the use of body language in mediation. Rudolf Laban states that: Sequences of body movement are the sentences of speech, the actual message carriers that emerge from the world of silence.

Laban’s theory comprises various elements like body, shape, space, and effort. The combinations of these elements lead to the creation of feeling-tones and the texture of the body language. Body language consists of the following relevant elements that help in the mediation process:

• This refers to the body attitude, posture, kinesphere, and gesture and how the whole body is organized and interconnected in body movement.
• This is an action of the whole body.
• It is an action that is confined to one part of the body.
• Body attitude. This reflects the character and attitude of an individual when they hold and move their body in response to the environment that they are in. Body attitude is used to gain an all-over picture of an individual’s tendencies of body movement.
• Laban formulated the term kinesphere from Greek, kinesis that means movement and sphaira that means sphere, which is the movement of joints according to rotary nature.

Kinesphere is described as how an individual can use their personal reach space.  The personal space needed can be close to the body, medium, or even small. It can also refer to a private space from a psychological point of view.

The movement of the body is highly structured, and it is also a culturally coded form of symbolic mediation communication. With the many variables in the mediation process, it is very challenging for the mediators to observe the body language cues at all times strictly. Nevertheless, proper observation of the body language gives the mediator more relevant information than not observing the body movement at all. Some of the spontaneous and natural observation considered by the mediators during the mediation process include:

1. The observation of the body language of the parties involved in the mediation as they enter the negotiation room and how they respond to each other by noting the voice tone and the choice of words they make. The mediator should observe if the body’s attitude of the parties has changed as they leave the room and ask themselves what happened in the shift of the negotiation process. A tool for insight during and after mediation is reflective practices.
2. When suitable, adjust your body posture and use some of the effort qualities to communicate appropriately and effectively during mediation. The mediator should know when to offer an extension of the kinesphere in relational responsiveness, as the mediator did in negotiation.
3. Observation of the predominant emotions that are portrayed in posture made by the parties and their gestures in their mediation, for instance, during the introduction, opening statements, the agenda, negotiation, caucus, and also the agreement. The mediator should be able to observe if the parties are defending themselves as in as if they are advancing or retreating or whether the parties are attacking each other. Observations are very significant, especially in power discrepancies and in deciding the entry points for proper balancing of power.
4. During mediation, when the parties are stuck in their effort that holds them to issues or even particular positions, the mediator should choose some of the quality efforts to give a reframe potential shift in mediation perspective, for example, light-weight or free flow. If a conflict is intensifying, briefly come up with a quick body language strategy model to sustain the rising tension.

Characteristics of body language.

1. It is a natural process that is self-acquired. Nobody teaches it, and it is self-absorbed.
2. There is no formal training needed. The learning process of body language begins from birth, and the child cries when hungry or wet. Nevertheless, some of the personality programs that have been developed teach about body language nowadays.
3. The mastering of body language requires experience. They acquire and use body language without knowing.
4. Body language has a considerable impact, and it goes unnoticed most of the time.
5. Women have a better understanding of body language than men.
6. Social norms control body language. For instance, even if you are excited due to the death of an enemy, you will not smile before others during his last rites.

5.2. Decoding Body Language during Mediation.

In the grand scheme of mediation, body language and gestures are incredibly significant. Albert Mehrabian founded a famous 7-38-55 rule that breaks down various factors of communication that assist in expressing feelings and opinions. The scholar theorized nonverbal body language takes a more significant percentage of overall communication during mediation with 55 percent, and 38 percent is based on the voice comprising of beats and intonations of the parties. The remaining 7 percent is for verbal body language. Therefore, if a mediator ignores nonverbal communication and focuses only on what is being said, then the mediator stands a chance of losing 94 percent of the total negotiation information. When the mediation is based on excellent quality communication of opinions and outlooks, then missing information is something that is bound not to happen.

From experience, the use of facial expression and gesture is the most influential and the dominant form of communication during the mediation process. Cuddy’s research reinforces these ideas, and she argues that having a better understanding of the body language is significant for mediators in facilitation roles. Mediators must be aware of the parties’ body language all the time. It plays a vital role in how the mediators present themselves. This enables them to reinforce their reliability, compassion, and neutrality and also proving that they can be trusted to handle and solve sensitive information and represent everyone parties’ interests. This assists in improving the disputants’ experience during the negotiation process.

During data collection on how the body language is used for better mediation outcomes, there are simple ideas that mediators should keep in mind on understanding body language to conduct a productive mediation process. They include:

5.2.1. Recognizing Signs of Anxiety during Mediation.

Most of the mediations are intrinsically stressful. The disputants arrive at the negotiation table because all other conflict resolutions have failed because they have not been able to solve their problems on their own, and the court process is looming as a last resort. One of the primary and most significant goals of the mediator is to diffuse all the existing mistrust and apprehension so that the participants can get to an agreement and find a mutually beneficial resolution to their issues. The first thing to do to achieve this goal is to recognize the most anxious individuals. Given that most of the parties involved in dispute always work very hard to hide signs of fear and distress.

The mediators should be keen and keep an eye out for the cues of body language that always reveal a client is struggling with anxiety more so when gauging the emotional climate of the negotiation sessions. For instance:

• Inability to keep still during negotiation sessions (frequent crossing and uncrossing of legs, fidgeting with clothes, constant adjustment of positions on the chair).
• Looking towards the exit or even pointing the body towards the exit.
• Clearing the throats frequently, for instance, anxiety boots adrenaline hence reducing the production of saliva.
• Frowning repeatedly and raising of eyebrows.
• Having a pale face. This happens when under stress, and the blood drains away from extremities and moves towards the body’s core to offer protection for sensitive organs.

5.2.2. The anticipation of Anger and Conflict.

Escalation of angry outbursts is caused by unconstrained stress and anxiety. Mediators are challenged with clients having high conflicts, whose unchecked rage and anger can derail meetings and even undermine the professionalism of the mediator. Some of the body languages that a mediator can watch for to anticipate meltdown, and attempt to intervene before anger explodes include:

• Having a red face.
• Clenched fists and jaw.
• Rapid breathing.
• Arms that are crossed.
• Jabbing fingers.
• Shaking and sticking out the face.

If the mediator notices combinations of all these body languages, then it’s time to reaffirm the goals of mediation to reach a proper resolution that enables both parties to be comfortable with the outcome with or without blame or retaliation.

5.2.3. Communicating Non-Judgement and Empathy.

For the mediator to establish reliability is by convincing both sides that you empathize with the struggles they are going through. Their wants should not be judged but be trusted to represent the interest of everyone. Body language plays a very significant role in reinforcing the projection of neutrality, commitment, and empathy to a free and fair mediation process. The following nonverbal body language should be used to create a safe negotiation space where both disputing parties feel supported and respected:

• Maintain steady eye contact when addressing each individual. Shifty eyes are associated with disinterest and not being trustworthy.
• Mirror all the expressions of everyone you are speaking to in the room; for instance, if they are smiling, then smile back to them, and when they show serious, ensure your expression reflects their emotions, thus validating the feelings too.
• Tilt your head and body towards the speaker.
• Staring at your computer or even note pad may interfere with making proper eye contact, so the mediator should go easy on taking notes, a demonstration that you are carefully listening to.
• To show the speakers that you care and understanding, nod your head.

There are many body language signals to watch and control during the mediation process. Notice all the body language gestures that are helpful and relevant to your work. Sensitivity to nonverbal body language deepens hence adding a significant layer of sophistication to mediator skills.

5.2.4 The use of Body Language during Mediation.

Body language communication plays a significant role in how individuals communicate. Trained mediators need to pay close attention to the nonverbal body language of the disputing parties. Using body language helps to convey feelings, moods, state of mind, thus giving support for words spoken and offer the required feedback to the received messages. A range of body language may provide a red flag of a particular situation during mediation proceedings. The ability to understand and use various body language can be a powerful tool for the mediators because it helps them to connect with others, express what they mean correctly, and navigate through challenging situations. This significantly enhances the mediator’s abilities for significant relations, increases understanding, and avoid impasse situations. Therefore, it is substantial for trained mediators to improve their negotiation skills in interpreting body language communication to be useful as a mediator. The distance of communication can vary from one person to another. Extroverts have small distances of conversation compared to the introverts who want to keep their distances.

There are four critical zones of personal space around an individual’s body that were discovered by Hall (1966) and are classified as:

• Intimate: Touching to 10 inches.
• Social-consultative: four to twelve feet for formal transactions.
• Public: Addressing a group of people.
• Casual-personal: 18 inches to four feet used for informal communication with friends.

Understanding and applying body language by the mediator during mediation is very significant. The mediator sits in an equidistant position from both disputing parties. Sitting closer to one of the parties generates a perception of partiality or biasness. The mediator sits closer to the disputants than the support persons, hence enabling the mediator to converse with the disputing parties directly without having the risk of being cut off by the support counsels. The level of dominance is indicated due to the vertical space between persons. During mediation, the mediators create a safe and open environment for both disputing parties. Mediators sit in the same eye level as those of the parties hence enabling them to develop such a friendly atmosphere.

The disputing parties also sit at identical chairs so that one of the disputing parties does not sit higher than the other party during mediation proceedings. The mediator must be aware of the relative heights of the disputants, to make a taller disputant sit at a lower chair, and a shorter disputant sits on a higher chair. The aim is to enable the parties to sit at equal eye level to circumvent the setting of supremacy. In the United States of America, observation distance between the parties is a perfect indication of the progress of the arbitration process. When the mediations begin, the disputing parties sit some distance away from each other, but as the arbitration process continues, they start to lean towards each other. This shows that there is an understanding that has been created by the mediator. The parties end up talking to each other directly, ignoring the mediator, and therefore, this is an indication that the mediator has accomplished his job and has reinstated excellent communication between the disputing parties.

5.3. Mastering the Body language for better Mediation outcomes.

Nonverbal body language communication is the process of sending and receiving relevant messages between two or more disputing parties. Communication is through various nonverbal cues that comprise gestures, posture, eye contact, and intonation of the voice. According to the data analyzed, communication through body language makes over 68 percent of all the communications used during mediation. The traditional description of the body language comprises the idea that reflexive and reflexive body movement is used by the mediator to communicate a message to disputing parties. In the traditional description of the body language, it assumes the intentional body movement used by the mediator to communicate a relevant message during mediation. As the intervention is carried in the room, the parties involved in a dispute intentionally use specific body language to convey a particular word. Most of the nonverbal body language communication is subconscious and is not consciously intended by the mediator to be communicative. The disputing parties manifest body language communication has communicative potential, which is realized when the mediator receives and interprets those nonverbal communications.

According to the analysis conducted through the interviews and questionnaires, it concludes that body language has both receptive and effective traits. The responsive characteristic refers to how the mediator who receives the piece of nonverbal body language communication. It can be either conscious or unconscious, attributing to the specific meaning of that body language communication with the disputing parties. The affectative characteristic refers to how the senders, like disputing parties involved in the mediation of any piece of nonverbal communication, consciously intend that it will affect the receiver. There are three stages of body language communication:

5.3.1. Physiological Movement.

Physiological movements have summarized into overlapping sub-categories of posture, body movements, facial expression, gestures, and spatial behavior. The movement of the body comprises of hand, head, arm, and legs movements and some of the positions that are used alone or in cooperation with other body movements. Posture refers to how a person is standing or sitting, and it comprises of many positions that the body can take. The use of facial expression plays a significant role in body language communication because most of the time, speakers and mediators look at each other’s face while speaking. Facial expression comprises of eyes, mouth, brow movements, which may occur with each other or singly. Gesture deals with the intensity and direction of a look at someone across the mediation room, and it includes the perception of the eye pupil dilation. Spatial behavior comprises the proximity of one’s body with the other.

The physiological movement has a significant role in the interpretative function of nonverbal communication. The underlying assumption is that everybody’s language movement has a meaning, and mediators need to ascertain this meaning during the mediation proceedings.  Most of the interviewees questioned the assumption that body movement has particular specific purposes. Somebody languages have the same meanings, for instance, some gestures. These body language movements may be hard-wired; mediators speak in a systematic function rather than interpretative one. Specific purposes are attached to particular body language movement providing a more extensive generalization to be drawn the parties involved in the mediation process.

To minimize this difficulty of body movement, conventional literature on body language suggests various considerations that should be taken into account. The first suggestion is about the effect of culture; different cultures always have different signals. For instance, nodding of the head is ever taken to mean “yes” in many western and eastern cultures. The use of context is the second suggestion that should be taken into account. The mediator needs to interpret the cluster of gestures rather than an individual gesture because one body movement might be out of sync with other movements of the body. All these body language considerations during mediation proceedings point to a more sophisticated analysis that incorporates an anti-assumption control that needs one to check one’s interpretation before acting on it. This is significant as human beings are known to be meaning-making creatures and often subconsciously fill in gaps that are in the communication package with the assumptions.

5.3.2. Environment.

The environment exists in the background, and it always by-passes the mediator’s conscious attention. It affects us in elusive ways, which affects the feeling of power and the desire to cooperate in mediation. The environment is a significant factor in mediation proceedings. The environmental category consists of the room, sounds, lighting, temperature, decoration, the shape of the table, and the seating positions. In the context of mediation, for a square or a rectangular table and seating position directly opposite one another, creates a sense of hatred. Sitting next to one another on one side of the table fosters a lot of cooperation. A round table is also perfect for encouraging a sense of equality and cooperation in the mediation room. An oval, as well as a rectangular table, has a power position at the table head while there is no discernible power in a round table. Nevertheless, for a round or a square table, the dynamics of power are affected by the presence of a potent mediator with high status due to the location of the seat in the most secure position in the mediation room.

5.3.3. Vocal Behaviour.

It constitutes 39 percent of the communication package and consists of pitch, volume, speed, pauses, and inflections. Vocal behavior plays both systematic and interpretative functions of body language. The mediator can use vocal behavior to achieve rapport during negotiation. All the components of volume, timbre, pauses, pitch, and speed are always matched when speaking to disputing parties during resolution. The easiest and quickest match is usually the speed and volume. Matching timbre and pitch requires some amount of voice control and subtlety. During mediation, it is not advisable to mimic the other parties but to convey the proper impression that you are similar to the other parties to get an appropriate resolution to the problems before the table. Pacing the elements of the voice is useful because most people are not aware of the voice shits, thus making mediation to be successful.

The mediator should be able to match the vocal behavior of a particular party if upset, for instance, revealing a loud voice, faster speed, and high pitch. This will appear to be counter-intuitive to pace all these traits because the concern will be if this kind of body language will aggravate the other party. The most instinctive response by the mediator will be to maintain a calm and measured vocal behavior to calm the disputing parties during negotiation proceedings.  The subtlety is suggested to be used by mediators because it matches the vocal behavior when using reconciliatory words and gives calmness. This then sends subliminal and conscious messages to the minds of the parties involved in the resolution process. After vocal behavior is appropriately managed, then one of the parties should lead the other by lowering the intensity on the pacing of all the vocal behaviors, hence the hatred is de-escalated.

Inflection is described as rising and the fall of voice pitch that is used or expressed during the mediation process. The modulation occurs at the end of an utterance between the disputing parties, and it can go upwards or even downwards. Inflection plays a vital role in the interpretative function of communication. An upward inflection indicates doubt in the content of verbal communication is structured as a statement. The mediator can use upward inflection when reflecting on parties to loosen their hold on stiff positions or get them to rethink their resolution position. A downward inflection is used to subconsciously communicate to the mediator to consider what the disputing parties said. Inflection is used in collaboration with physiological body movement to provide support for the meaning of modulation.

5.4. How Body Language Influences Mediation Success.

One of the most significant research studies is how often body language affects the success of mediation. When the mediators meet the disputing parties and discuss the value of resolutions, they notice that confidence, open disposition, and posture set the tone during the mediation meeting. Body language influences perception and leads to a successful outcome. During the mediation process, the presentation of testimonials through facial expression, hand gestures, and postures make them reach to a sharp point. At this point, happiness and bright eyes of the parties become contagious, and the parties shifted from polite interest to having a genuine appreciation.

One of the takeaways from mediators’ experiences is how to portray themselves during mediation proceedings, which often hinder or contribute to success. When solving disputes, the way parties see the mediators affects their attitude towards resolution. Having the ability to interpret the nonverbal body language improves a mediator’s ability to listen and comprehend what is being conveyed carefully. This helps the mediator to determine if a person is reliable or if there is understanding, which is always the essential factors when finding a concrete resolution during the mediation process.

Without getting a proper understanding of both the spoken and unspoken nonverbal body language signals, the mediator might not get the perfect mediation deal and might leave something on the negotiation table. The mediator is required to be proficient at listening, observing, and understanding the entire body language message completely. Skilled communicators are not always good at reading signals from other parties’ eyes, their expression and body gestures, but they are proficient at making sure that their verbal and nonverbal body language messages match. The mediators may also be adept at masking their own nonverbal body language messages.

During the data collection, the conclusion is that the mediators should not depend on one element of the body language. Several signals are not reliable, and there is no universality in the meaning of various nonverbal body movements because there might be some cultural differences when interpreting these body language messages. The parties find themselves in a situation in which they suddenly become aware of their body language. Some gestures and they become aware of it. It takes time to change the habits of the body language, but it will not be enough for some parties to change these habits during the mediation process.

5.5. The Role of Body Language in mediation.

Having a better understanding of the body language advances communication with others. During mediation proceedings and sessions in which disputing parties are working through their disputes, or the parties are coming together to find an amicable solution to their crises, all the parties involved should participate in the conversation and get ways to make a concrete decision. What is expressed through words during mediation sessions, one may observe various body movements such as facial expression, patterns in breathing, and gestures, all of which make up body language. Body language is either positive or negative. People always throw different signals during mediation, either loud ones or the silent ones using the body language. It is, therefore, very significant for the parties in the negotiation room and all the professionals to assist the conflicting parties to resolve their problems. They should be tuned to signals that are emitted from the body that are observed rather than heard.

It might be challenging to pick body signals one at a time. Still, it is relevant to have a close look at the nonverbal movements in relation to verbal communication and other situations. The body language is an essential part of the mediation process and part of the mediator’s role to be very vigilant and observant to notice all the body movements. The mediators should also assist the parties in identifying the importance of the nonverbal cues. During mediation proceedings, one person may say yes, but something about their body language tells no. This may be an indication of discomfort and confusion on how to express their disagreement. When the mediator notices this kind of body language, he should reflect and say: You said yes, but I think that you are not entirely in agreement with what you are trying to say. Can you expound a little on why you are not sure about what you are saying?

The parties acknowledge and explain why they don’t feel comfortable during mediation. This leads to a dialogue with the other party to explore all the alternatives in which both can live with. There might be a compromise, which should be accepted by both parties. No party should not feel that a decision made has been forced or imposed on them because that agreement may fall apart. Mediators also have worked with parties that are not willing to acknowledge the presence of the other party during the mediation session, either by not looking at them directly or talking to them. The parties speak to the mediator as a vehicle to transmit information to the other party sitting across the mediation room.

At some point during dialogue, one party might say something negative or positive. That comment can trigger a reaction in that the other party will turn towards them and roll their eyes or just give a look or just look surprised. That is body language that has shifted. As the dialogue begins between the disputing parties, the role of the mediator tends to change. The mediation process becomes more productive as the parties can address one another. Body language speaks a lot of volumes about what might be at stake.