THE PROBLEM
WITH PROBLEMS
COMPLEXITY AND MEDIATION
BRUCE A. WALTUCK, M.A., C, C, AND C
PRESIDENT, FREETHINC. . . FOR A CHANGE
CONSULTING THROUGH A NEW LENS
WWW.FREETHINC.COM 609.577.1584
Copyright © Bruce Waltuck 2015. All Rights Reserved
NOT ALL PROBLEMS ARE CREATED EQUAL
 SIMPLE, OR OBVIOUS
 TECHNICAL, OR COMPLICATED
 ADAPTIVE, OR COMPLEX
Copyright © Bruce Waltuck 2015. All Rights Reserved
SIMPLE, OR OBVIOUS PROBLEMS
 THE DOMAIN OF KNOWN KNOWNS
 EVERYONE KNOWS THE SOLUTION
 EMOTION CAN BLOCK OUTCOMES
Copyright © Bruce Waltuck 2015. All Rights Reserved
COMPLICATED, OR TECHNICAL PROBLEMS
 THE DOMAIN OF KNOWN UNKNOWNS
 EXPERTS CAN GIVE US A RANGE OF VIABLE OPTIONS
 REASONABLE CERTAINTY OF DESIRED OUTCOME
 STATUTES & PRECEDENT, E.G.
Copyright © Bruce Waltuck 2015. All Rights Reserved
COMPLEX, OR ADAPTIVE PROBLEMS
 THE DOMAIN OF UNKNOWN UNKNOWNS
 NO ONE NOW KNOWS WHAT THE SOLUTION IS
 EXPLORE PROMISING OPTIONS IN WAYS THAT ARE "SAFE TO FAIL"
 ANY MOVEMENT FROM THE STATUS QUO WILL REQUIRE ADAPTATION & CHANGE
Copyright © Bruce Waltuck 2015. All Rights Reserved
OPTION ASSESSMENT
 AS IN INTEREST-BASED NEGOTIATION
 EXPRESS & AGREE ON CORE VALUES AND OPERATING PRINCIPLES
 WHAT IS IMPORTANT TO ME/US?
 WHAT DO I/WE WANT?
 HOW WILL I/WE ACT IN MAKING SENSE & DECISIONS?
Copyright © Bruce Waltuck 2015. All Rights Reserved
DIFFERENT TYPES OF PROBLEM>DIFFERENT
PATTERNS OF RESPONSE
 SIMPLE, OR OBVIOUS > SENSE, CATEGORIZE, RESPOND
 COMPLICATED, OR TECHNICAL > SENSE, ANALYZE, RESPOND
 COMPLEX, OR ADAPTIVE > PROBE, SENSE, RESPOND
Copyright © Bruce Waltuck 2015. All Rights Reserved
EXAMPLES
 FINANCIALS
 HOME AND OTHER ASSETS
 FUTURE EARNINGS
 CHILD CUSTODY
 CHILD SPECIAL NEEDS
 ALIMONY
Copyright © Bruce Waltuck 2015. All Rights Reserved
FEAR, FAILURE, AND UNCERTAINTY
 WE SIMPLY CAN NOT KNOW EVERYTHING WE WANT TO KNOW
 BUT WE CAN ACT IN WAYS THAT ARE CONGRUENT WITH OUR CORE VALUES &
OPERATING PRINCIPLES
 WE HAVE LEARNED TO PRESUME SOLUTIONS ARE KNOWABLE AND TO FEAR AMBIGUITY &
FAILURE
Copyright © Bruce Waltuck 2015. All Rights Reserved
THE COMPASS & THE MAP:
INTENDING & DISCOVERING
 ONE CIRCLE AS PARTIES TOGETHER
 OUTER CIRCLES: SPHERES OF INTEREST, CONCERN, ISSUES
 TWO CIRCLE DIAGRAMS – AS THE PARTIES ARE SEPARATED
Copyright © Bruce Waltuck 2015. All Rights Reserved
TRUE NORTH
ACCOUNTABILITY NOW, & LATER
 DID WE DO WHAT WE SAID WE WOULD DO. . . IN THE WAY WE SAID WE WOULD DO IT?
 NEW INFORMATION CAN SHIFT UNDERSTANDING, REDRAW THE MAP, & REORIENT THE COMPASS
 ARE MY/OUR POSITIONS CONGRUENT WITH MY/OUR ESPOUSED VALUES & BELIEFS?
Copyright © Bruce Waltuck 2015. All Rights Reserved
STUFF HAPPENS
ACTING INTO THE UNKNOWN FUTURE
 ADAPTIVE CAPACITY
 FOUR DOMAINS >
 FEELING
 LEARNING
 UNDERSTANDING
 EXPLORING
Copyright © Bruce Waltuck 2015. All Rights Reserved
WE ALL GET "FLUXED“
WWW.GETFLUXED.COM
 EXPERIENCE
 EXPECTATIONS
 ENGAGEMENT
 RESPONSE
 DEGREES OF DIFFERENCE
Copyright © Bruce Waltuck 2015. All Rights Reserved
THE SINGLE BIGGEST MISTAKE
 TREATING THE TRULY COMPLEX AS IF IT WAS OBVIOUS, TECHNICAL, OR COMPLICATED
Copyright © Bruce Waltuck 2015. All Rights Reserved
THE PERSISTENT PERNICIOUS PRESUMPTION
 PRESUMING THAT THE CAUSAL RELATIONSHIP BETWEEN WHAT WE DO
AND WHAT HAPPENS, IS KNOWN, OR KNOWABLE,
IN MEETING COMPLEX PROBLEMS
Copyright © Bruce Waltuck 2015. All Rights Reserved
MIND THE GAP
 WORK TO NARROW THE GAP BETWEEN EXPECTATION AND EXPERIENCE
Copyright © Bruce Waltuck 2015. All Rights Reserved
THE CYNEFIN FRAMEWORK
HTTP://EN.WIKIPEDIA.ORG/WIKI/CYNEFIN
Copyright © Bruce Waltuck 2015. All Rights Reserved
RICHARD KNOWLES' PROCESS ENNEAGRAM
HTTP://WORLDBUSINESS.ORG/WP-
CONTENT/UPLOADS/2013/06/PR082406.PDF
Copyright © Bruce Waltuck 2015. All Rights Reserved
LIBERATING STRUCTURES
HTTP://WWW.LIBERATINGSTRUCTURES.COM/
Copyright © Bruce Waltuck 2015. All Rights Reserved
MIND MAPPING
HTTP://WWW.THEBRAIN.COM/MINDMAPPINGWELCOME?GCLID=C
PEVU5KRRCQCFVQ2GQODW3KANG
Copyright © Bruce Waltuck 2015. All Rights Reserved
THANK YOU
BRUCE WALTUCK, M.A., COMPLEXITY, CHAOS, AND CREATIVITY
YES, IT REALLY SAYS THAT ON THE DIPLOMA
FREETHINC. . . FOR A CHANGE
CONSULTING THROUGH A NEW LENS
CHANGE, EMPLOYEE AND LABOR RELATIONS, DIALOGUE, PARTICIPATORY NARRATIVE INQUIRY
FREETHINC@HOTMAIL.COM 609.577.1584
Copyright © Bruce Waltuck 2015. All Rights Reserved

The problem with problems v3 03 15 15

  • 1.
    THE PROBLEM WITH PROBLEMS COMPLEXITYAND MEDIATION BRUCE A. WALTUCK, M.A., C, C, AND C PRESIDENT, FREETHINC. . . FOR A CHANGE CONSULTING THROUGH A NEW LENS WWW.FREETHINC.COM 609.577.1584 Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 2.
    NOT ALL PROBLEMSARE CREATED EQUAL  SIMPLE, OR OBVIOUS  TECHNICAL, OR COMPLICATED  ADAPTIVE, OR COMPLEX Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 3.
    SIMPLE, OR OBVIOUSPROBLEMS  THE DOMAIN OF KNOWN KNOWNS  EVERYONE KNOWS THE SOLUTION  EMOTION CAN BLOCK OUTCOMES Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 4.
    COMPLICATED, OR TECHNICALPROBLEMS  THE DOMAIN OF KNOWN UNKNOWNS  EXPERTS CAN GIVE US A RANGE OF VIABLE OPTIONS  REASONABLE CERTAINTY OF DESIRED OUTCOME  STATUTES & PRECEDENT, E.G. Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 5.
    COMPLEX, OR ADAPTIVEPROBLEMS  THE DOMAIN OF UNKNOWN UNKNOWNS  NO ONE NOW KNOWS WHAT THE SOLUTION IS  EXPLORE PROMISING OPTIONS IN WAYS THAT ARE "SAFE TO FAIL"  ANY MOVEMENT FROM THE STATUS QUO WILL REQUIRE ADAPTATION & CHANGE Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 6.
    OPTION ASSESSMENT  ASIN INTEREST-BASED NEGOTIATION  EXPRESS & AGREE ON CORE VALUES AND OPERATING PRINCIPLES  WHAT IS IMPORTANT TO ME/US?  WHAT DO I/WE WANT?  HOW WILL I/WE ACT IN MAKING SENSE & DECISIONS? Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 7.
    DIFFERENT TYPES OFPROBLEM>DIFFERENT PATTERNS OF RESPONSE  SIMPLE, OR OBVIOUS > SENSE, CATEGORIZE, RESPOND  COMPLICATED, OR TECHNICAL > SENSE, ANALYZE, RESPOND  COMPLEX, OR ADAPTIVE > PROBE, SENSE, RESPOND Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 8.
    EXAMPLES  FINANCIALS  HOMEAND OTHER ASSETS  FUTURE EARNINGS  CHILD CUSTODY  CHILD SPECIAL NEEDS  ALIMONY Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 9.
    FEAR, FAILURE, ANDUNCERTAINTY  WE SIMPLY CAN NOT KNOW EVERYTHING WE WANT TO KNOW  BUT WE CAN ACT IN WAYS THAT ARE CONGRUENT WITH OUR CORE VALUES & OPERATING PRINCIPLES  WE HAVE LEARNED TO PRESUME SOLUTIONS ARE KNOWABLE AND TO FEAR AMBIGUITY & FAILURE Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 10.
    THE COMPASS &THE MAP: INTENDING & DISCOVERING  ONE CIRCLE AS PARTIES TOGETHER  OUTER CIRCLES: SPHERES OF INTEREST, CONCERN, ISSUES  TWO CIRCLE DIAGRAMS – AS THE PARTIES ARE SEPARATED Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 11.
    TRUE NORTH ACCOUNTABILITY NOW,& LATER  DID WE DO WHAT WE SAID WE WOULD DO. . . IN THE WAY WE SAID WE WOULD DO IT?  NEW INFORMATION CAN SHIFT UNDERSTANDING, REDRAW THE MAP, & REORIENT THE COMPASS  ARE MY/OUR POSITIONS CONGRUENT WITH MY/OUR ESPOUSED VALUES & BELIEFS? Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 12.
    STUFF HAPPENS ACTING INTOTHE UNKNOWN FUTURE  ADAPTIVE CAPACITY  FOUR DOMAINS >  FEELING  LEARNING  UNDERSTANDING  EXPLORING Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 13.
    WE ALL GET"FLUXED“ WWW.GETFLUXED.COM  EXPERIENCE  EXPECTATIONS  ENGAGEMENT  RESPONSE  DEGREES OF DIFFERENCE Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 14.
    THE SINGLE BIGGESTMISTAKE  TREATING THE TRULY COMPLEX AS IF IT WAS OBVIOUS, TECHNICAL, OR COMPLICATED Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 15.
    THE PERSISTENT PERNICIOUSPRESUMPTION  PRESUMING THAT THE CAUSAL RELATIONSHIP BETWEEN WHAT WE DO AND WHAT HAPPENS, IS KNOWN, OR KNOWABLE, IN MEETING COMPLEX PROBLEMS Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 16.
    MIND THE GAP WORK TO NARROW THE GAP BETWEEN EXPECTATION AND EXPERIENCE Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 17.
  • 18.
    RICHARD KNOWLES' PROCESSENNEAGRAM HTTP://WORLDBUSINESS.ORG/WP- CONTENT/UPLOADS/2013/06/PR082406.PDF Copyright © Bruce Waltuck 2015. All Rights Reserved
  • 19.
  • 20.
  • 21.
    THANK YOU BRUCE WALTUCK,M.A., COMPLEXITY, CHAOS, AND CREATIVITY YES, IT REALLY SAYS THAT ON THE DIPLOMA FREETHINC. . . FOR A CHANGE CONSULTING THROUGH A NEW LENS CHANGE, EMPLOYEE AND LABOR RELATIONS, DIALOGUE, PARTICIPATORY NARRATIVE INQUIRY FREETHINC@HOTMAIL.COM 609.577.1584 Copyright © Bruce Waltuck 2015. All Rights Reserved

Editor's Notes

  • #2 SO… WHAT ARE SOME OF THE KINDS OF PROBLEMS YOU FACE IN YOUR MEDIATION WORK? IN DIVORCE- ..CUSTODY ..ALIMONY ..VALUATION OF ASSETS ..EMOTIONS ..POWER DIFFERENTIALS ..COLLECTING YOUR FEE ..DEALING WITH COUNSEL OR COURTS IN EMPLOYMENT- ..ONGOING RELATIONSHIP OF SUPERIOR/SUBORDINATE ..WORKPLACE CULTURE
  • #3 WHILE RESEARCH IN BOTH THE NATURAL AND SOCAL SCIENCES DESCRIBES TWO OTHER DOMAINS – THESE DON’T REALLY APPLY TO THE ISSUES YOU WILL EXPERIENCE IN YOUR CONFLICT RESOLUTION WORK. YOU CAN READ MORE ABOUT THE TYPES OF PROBLEMS IN THE LINK IN THIS FILE ABOUT THE CYNEFIN (PRONOUNCED kuh-NEV-in) FRAMEWORK.
  • #4 SEVERAL THINGS DISTINGUISH THE TYPE OF PROBLEM- ..THE EXTENT TO WHICH WE KNOW WHAT IT IS ..THE EXTENT TO WHICH PEOPLE IN THE SITUATION AGREE ON WHAT IT IS ..THE EXTENT TO WHICH PEOPLE AGREE ON WHAT TO DO ..THE EXTENT TO WHICH THERE IS CERTAINTY ABOUT WHAT WILL HAPPEN WHEN WE TAKE ACTION
  • #5 REFERENCING THE ILLUSTRATION, WHICH IS AN ELABORATE BRAIDING TO MAKE A FANCY BREAD… ..”EVERYTHING’S EASY WHEN YOU KNOW HOW” MANY EXAMPLES IN MEDIATION- ..CHILD CUSTODY ..ASSET VALUATION ..”IF YOU LITIGATE, A JUDGE IS LIKELY TO…”
  • #6 THESE CAN BE- ..KNOWN UNKNOWNS ..UNKNOWN UNKNOWNS HOW OFTEN DO YOU SEE THIS TYPE OF PROBLEM IN YOUR WORK? DO YOU, YOUR DISPUTANTS, OR THEIR COUNSEL, ALWAYS CORRECTLY IDENTIFY THIS TYPE OF PROBLEM WHEN YOU SEE IT? EXAMPLE: ..SPOUSE DID NOT PURSUE CAREER DURING MARRIAGE. NOW NEEDS AND WANTS TO GET EDUCATION AND SEEK JOB TO MAKE INCOME. HOW DO YOU ADDRESS THIS TYPE OF CHALLENGE? DO YOU ADDRESS THIS TYPE OF CHALLENGE IN WAYS THAT ARE “SAFE TO FAIL?” HOW COULD YOU DO THIS?
  • #7 WHEN WE ARE EXAMING PROBLEMS AND ISSUES, WE ARE ALSO EXAMING OPTIONS TO ADDRESS THE PROBLEM. HOW CAN WE ASSESS OPTIONS IN WAYS THAT DIFFERENTIATE AMONG THE TYPES OF PROBLEMS WE HAVE DESCRIBED, SUCH THAT WE HAVE THE BEST ODDS OF SUCCESSFUL, SUSTAINABLE OUTCOMES? IN INTEREST-BASED NEGOTIATION (THE BASIS FOR FACILITATIVE MEDIATION), PARTIES EXPRESS AND DEFINE A SHORT SET OF CRITERIA BY WHICH ALL OPTIONS WILL BE EXAMINED AND CONSIDERED. THIS CAN ALSO BE USED TO HELP US EXAMINE THE UNDERLYING ISSUES AND PROBLEMS, AND DECIDE WHAT TYPE OF PROBLEM WE ARE DEALING WITH.
  • #8 AGAIN, BASED ON WHAT WE KNOW AND DON’T KNOW; WHAT EVERYONE AGREES OR DISAGREES ON; WHAT IS CERTAIN OR UNCERTAIN. THIS COMES FROM THE WORK OF MY FRIENDS DAVID SNOWDEN, AND CYNTHIA KURTZ. DAVE IS A WORLD-RENOWNED EXPERT ON SENSE-MAKING FOR BETTER DECISIONS AND OUTCOMES. YOU CAN READ MORE ABOUT THIS THROUGH THE LINK LATER IN THIS FILE ABOUT THE CYNEFIN FRAMEWORK. SIMPLE/OBVIOUS- WE KNOW WHT IT IS AND MEANS; WE ALL AGREE. WE APPLY THE WELL-KNOWN “BEST PRACTICE” SOLUTION COMPLICATED/TECHNICAL- WE KNOW WHAT IT IS; WE AREN’T SURE WHAT TO DO; WE RESEARCH POSSIBLE EFFECTIVE SOLUTIONS; WE IMPLEMENT OUR SELECTION COMPLEX/ADAPTIVE- WE DON’T REALLY KNOW WHAT IT IS; NO ONE KNOWS WHAT DTO DO TO ASSURE OUR DESIRED OUTCOME; ALL WE CAN DO IS TRY A PROMISING OPTION, WITH THE UNDERSTANDING THAT IT MIGHT NOT WORK OUT AS INTENDED.
  • #9 WHAT OTHER EXAMPLES DO YOU HAVE FROM YOUR EXPERIENCE?
  • #10 ONE OF THE MOST SIGNIFICANT BARRIERS TO SUSTAINABLE AGREEMENTS AND POSITIVE OUTCOMES, IS… FEAR ANOTHER IS… UNCERTAINTY WHAT DO PEOPLE IN DISPUTE FEAR? MAKING THE BEST-INFORMED DECISIONS, IN WAYS THAT- ..ARE CONGRUENT WITH OUR CORE VALUES AND PRINCIPLES ..ACKNOWLEDGE THE DIFFERENCES IN PROBLEMS, ESPECIALLY COMPLEX PROBLEMS ..ACKNOWLEDGE AND ACCEPT THE POSSIBILITY OF FAILURE IN COMPLEX CHALLENGES THE UNDERLYING CAUSE OF OUR “PROBLEMS WITH OUR PROBLEMS” IS- ..TREATING COMPLEX PROBLEMS (UNKNOWABLE SOLUTIONS) AS IF THEY ARE COMPLICATED/TECHNICAL PROBLEMS ..AND WE DO THIS BECAUSE WE PRESUME SOLUTIONS ARE KNOWABLE, AND OUTCOMES PREDICTABLE. EVEN WHEN PAST EXPERIENCE SAYS IT IS NOT SO!
  • #11 WHEN WE BEGIN A JOURNEY, WHETHER LIKE LEWIS & CLARK, OR INTO MEDIATION, WE HAVE AIMS AND INTENTIONS. OUR “COMPASS” IS ORIENTED BOTH BY WHAT WE KNOW AND WHAT WE HOLD IN OUR VALUES AND BELIEFS. OUR EMOTIONS CAN SHIFT OUR AIM- AND USUALLY DO. AS WE INQUIRE, WE CAN USUALLY LEARN MORE ABOUT OUR PROBLEMS AND OPTIONS- AND MEDIATORS ALMOST ALWAYS GUIDE SUCH INQUIRY. ONE CHALLENGE FOR DISPUTANTS IS ACCEPTING THE TRUTH THAT THE MAP AND COMPASS HEADING THEY CAME IN WITH, MAY NOT BE COMPLETE, ACCURATE, OR LEAD TO THEIR INTENDED DESTINATION. ANOTHER CHALLENGE IS THE REALIZATION THAT NO ONE MAY BE ABLE TO FILL IN THE MAP AND SET THE COMPASS SUFFICIENTLY TO REACH A PARTY’S DESIRED OUTCOME.
  • #12 SO… WE CAN BE OPEN TO INQUIRY, LEARNING, AND SHIFTING OUR BELIEFS AND INTENTIONS. WE CAN SEEK OUTCOMES AND AGREEMENTS THAT HAVE THE BEST CHANCE OF SUCCESS AND SUSTAINABILITY, IF WE NEGOTIATE IN WAYS THAT ARE CONGRUENT WITH OUR ESPOUSED – AND AGREED-UPON – VALUES AND INTENTIONS
  • #13 DEALING WITH COMPLEX CHALLENGES MEANS – BY NECESSITY – THAT WE ARE ACTING WITH SOME DEGREE OF UNCERTAINTY, INTO AN UNKNOWN AND UNKNOWABLE FUTURE. THESE FOUR DOMAINS OF ADAPTIVE CAPACITY ARE DEFINED IN MY (BRUCE WALTUCK) WORK WITH MY WRITING PARTNER DENISE EASTON. WE HAVE BEEN RESEARCHING THE DYNAMICS OF DISRUPTIVE EXPERIECE, AND THE CAPACITIES WE CAN DEVELOP, THAT BEST ENABLE OUR SUCCESSFUL RESPONSE. WE HAVE PUBLISHED THE ARTICLE “THE WORLD ACCORDING TO FLUX” ABOUT THIS WORK, IN THE JOURNAL FOR QUALITY AND PARTICIPATION. YOU CAN READ MORE ABOUT THIS WORK AT OUR WEBSITE WWW.GETFLUXED.COM
  • #14 AGAIN, THE FRAMEWORK ABOVE, “EEER” COMES FROM MY WORK WITH DENISE EASTON FOR OUR FORTHCOMING BOOK “FLUX: SURVIVE AND THRIVE IN A WORLD OF UNCERTAINTY” EXPERIENCE SHAPES OUR EXPECTATIONS, WHICH IN TURN ORIENTS OUR ENGAGEMENT WITH THE WORLD, AND SHAPES OUR RESPONSE.