Cognitive Bias

ADR, Bias, Cognitive Bias, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Europe, Growth of the Field (Challenges, New Sectors, etc.), Jurisdiction, Lawyers, Legislation, Litigation, mediation as a career, Mediation Reforms (Legislation, etc.), National Mediation Laws, Public Policy, Reform, Scotland, Uncategorized, user perspectives

(University of Strathclyde)/ /Leave a comment

In 2006 Frank Sander produced his ‘Mediation Receptivity Index'(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of ‘mainstreaming’ or ‘institutionalization’ of mediation in different US states. It doesn’t seem to have caught on, but among the questions Sander lists are: PROVIDERS – number of professional…

Bias, Causes of Conflict, Cognitive Bias, Communication, Conflict, General, Practical Challenges for Mediators, Trust

(National University of Singapore, Faculty of Law)/ /Leave a comment

It is the beginning of the school term at the Faculty of Law, National University of Singapore, where in this semester, I teach a Negotiation Workshop. In our first class yesterday, we played a pricing game based on the Prisoner’s Dilemma. There are many versions of this pricing game and it essentially introduces participants to…

ADR, Cognitive Bias, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Efficiency, Fear, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Humorous Pieces, Intuition, Lawyers, Mediation Lawyering, Mediation Users/Clients, Scotland, Uncategorized

(University of Strathclyde)/ /3 Comments

We have just reached the end of the annual marking season (grading for North Americans). The verbal joust of examinations is almost over. Students get their blows in first; teachers’ strike back with marks and comments. It’s a familiar ritual with its own rhythm and reasoning. It can be viewed as arduous by both sides…

ADR, Appointment of Mediators, Arbitration, Clients, Cognitive Bias, Commercial Mediation, Court Procedure and Litigation, Efficiency, General, Growth of the Field (Challenges, New Sectors, etc.), Instinct, Litigation, Mediation Contract Clause, Mediation Lawyering, Mediation Practice, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, National Mediation Laws, Pre-arbitration Dispute Settlement Procedures

(Bill Marsh Mediator)/ /9 Comments

It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration proceedings have not yet been issued. This produces different challenges. On the upside: • The parties have…

ADR, Book Review, Business, Causes of Conflict, Clients, Cognitive Bias, Commercial Mediation, Communication, Conflict, Conventional wisdom, Creativity, Decision making, Developing the Field, Future of mediation, General, Improvisation, Language, Mediation Practice, Mediation Users/Clients, Neuroscience, Policy, Scotland, Skills, Stories, Success in mediation, Tips, Training, Uncategorized

(Core Solutions Group)/ /1 Comment

It’s funny how one thing leads to another. Regular Kluwer blogger Ian Macduff posted a great blog earlier this week on the importance of asking questions. That reminded me that I had intended to get hold of a book by Edgar Schein entitled “Humble Inquiry: The Gentle Art of Asking Instead of Telling”. So, I…

Bias, Cognitive Bias, Communication, General, mediation as a career, Memory and Illusions, Mentoring, Perception, Skills, Social Media, Uncategorized, Young Mediators

(Mediator & peace seeker)/ /Leave a comment
Young Mediators Initiative (YMI)

If you haven’t been living under a rock, you may have seen this recent meme in late February that got the internet buzzing with debate. A badly lit photo of a dress spread like wildfire with some people seeing it as white and gold, while others as black and blue. If you haven’t seen it,…