Cognitive Bias

Bias, caucus, Caucus, Cognitive Bias, Commercial Mediation, Communication, Confidentiality, conlfict coaching, Decision making, Developing the Field, Dispute Resolution, Flexibility, Intuition, lawyers in mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Mediation Skills, Mediation Training, Negotiation, Practical Challenges for Mediators, Reflective Practice, Scotland, Stages of mediation, The role of the mediator

(Core Solutions Group)/ /2 Comments

It’s been a long time since I wrote a blog just about mediation practice. Other things always seem more important! However, as I was mediating this week, a thought occurred to me about a rather imperceptible but very real change in my practice as a mediator, which I develop here, albeit in a simplified way….

Bias, Cognitive Bias, Success in mediation, Tactics, Uncategorized

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Mediators are well acquainted with parties blaming one another for problems.  Scapegoating in particular can get in the way of coming to terms, instead leading to an escalation of bad feelings and an increasingly toxic relationship.  However, what is less well-known is that ‘scapegoating’ can mean and imply different things, each of which calls for…

Bias, Cognitive Bias, Communication, Framing, General, Language, Mediation Skills, Neuro-Linguistic Programming, NLP, Perception, Skills

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

For readers who are new, the “Neuro-Linguist’s Toolbox” series is an ongoing series focused on using Neuro-Linguistic Programming (NLP) in our practice of amicable dispute resolution. The first section focused on rapport (the first of which can be found here). The second section focuses on matters of self-care and personal improvement for mediators (the first…

Causes of Conflict, Cognitive Bias, Creativity, Cross-cultural, Dialogue, Economics, Framing, Language, Mediation Practice, The role of the mediator, Uncategorized

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

Erisology has been defined as the study of disagreement – where people are no closer to understanding each other at the end of an exchange than they were at the beginning. Sound familiar? Eris was the Greek goddess of discord.  The term was been coined by John Nerst, a blogger in Sweden, who is interested in…

Bias, Cognitive Bias, Communication, General, Language, Neuro-Linguistic Programming, NLP, Perception, Skills

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

For readers who are new, the “Neuro-Linguist’s Toolbox” series is an ongoing series focused on using Neuro-Linguistic Programming (NLP) in our practice of amicable dispute resolution. The first section focused on rapport (the first of which can be found here). The second section focuses on matters of self-care and personal improvement for mediators (the first…

Cognitive Bias, Communication, Cross-cultural, International Mediation, Mediation and Society, Neuroscience, Trust, user perspectives

(Core Solutions Group / Scottish Universities Insight Institute)/ /1 Comment

In recent years we have learned a lot more about what have become known as cognitive biases and how they may play a part in negotiation and mediation. These are mental shortcuts that save energy and get us out of tight spots that have evolved over thousands of years. Well over a hundred have been…

Bias, Causes of Conflict, Cognitive Bias, Communication, General, Neuro-Linguistic Programming, NLP, Perception, Skills, Social intelligence

(National University of Singapore, Faculty of Law)/ /2 Comments

For readers who are new, the “Neuro-Linguist’s Toolbox” series is an ongoing series focused on using Neuro-Linguistic Programming (NLP) in our practice of amicable dispute resolution. The first section focused on rapport (the first of which can be found here). The second section focuses on matters of self-care and personal improvement for mediators (the first…

Book Review, Business, Causes of Conflict, Cognitive Bias, Commercial Mediation, Dialogue, Economics, Governments/Public Sector, Mediation and Society, Partnering, Public Policy

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

“The road to hell is paved with good intentions” was a saying I heard quite a few times while growing up, as another childhood wheeze bit the dust. I returned to it while reading Michal Sandel’s recent book ‘The Tyranny of Merit’, in which he takes a very critical look at the notion of meritocracy….

Cognitive Bias, Communication, Dialogue, Experience, Mediation Skills, Negotiation, Skills

(FORARB/Charles University)/ /Leave a comment

In theory, we expect the parties’ opening statements to be swift, persuasive and forceful. At least, this is what I teach my students in ADR classes. In my mediation room, sadly, this occurs rather sporadically. The communication at the table is, unfortunately, not faultless. I guess every mediator has witnessed long, ambiguous monologue instead of…

Appointment of Mediators, Below the line, Clients, Cognitive Bias, Conflict, Fear, General, Mediation Practice, Mediation Users/Clients, Mistakes, Patience, Perception, Reflective Practice, Skills

(Bill Marsh Mediator)/ /4 Comments

I blogged recently on the importance in mediation of not forgetting what is happening in the other room. It’s an easy mistake to make. Here’s another one that is easy to make. “Assumed motivation”. A lot of stuff happens both in conflicts and the process of their resolution. Things are said and done by each…