Cognitive Bias

Appointment of Mediators, Cognitive Bias, Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, ICSID, International commercial mediation, International Mediation, Investor-state mediation

(Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

Interest is growing in the use of mediation for investor-state disputes. Recent webinars on investor-state mediation (including SIDRA’s recent webinar) have explored ICSID’s new investor-state mediation rules, the role of the Singapore Convention for investor-state mediation and the need for further domestic legislation on mediation. Discussions at these virtual conferences have also emphasised the importance…

Bias, Causes of Conflict, Cognitive Bias, Decision making, Dispute Resolution, Instinct, Mindset, Perception, Reflective Practice

(Paul Sills Mediator & Barrister)/ /2 Comments

Introduction “A great many people think they are thinking when they are merely rearranging their prejudices.” William James Whether as mediators, advisors or parties in dispute, we consider ourselves rational, open minded thinkers. We make decisions in an objective, non-biased fashion, don’t we? Sadly, not often. We are all susceptible to a swarm of cognitive…

Bias, Chinese Literature, Cognitive Bias, Conflict, Mediator's Image, Neuroscience, Promoting Mediation, The role of the mediator

(Kwok, Ng & Chan, Solicitors & Notaries)/ /2 Comments

This is a tale from an ancient piece of Chinese literature – Lu’s Commentaries of History – – compiled in 239 B.C. by Lu Buwei, the Prime Minister of the state of Qin.- “There was once a villager who had lost his hatchet. Thinking it was stolen by his neighbour’s son, Wang, he began observing…

Business, Cognitive Bias, Creativity, Economics, Efficiency, Environmental Mediation, Game Theory, Mediation and Society, Public Policy

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

If the natural resources of the planet and its capacity to cope with our waste are finite, is it reasonable for mediators to be encouraging people to search for positive sum solutions which can benefit all parties to a negotiation? If you can achieve a win-win in one case could it, on a global scale,…

Cognitive Bias, Creativity, Decision making, Efficiency, History of mediation, Mistakes, Philosophy, Planning, Practical Challenges for Mediators, Reflective Practice, Settlement Agreements, Stories, The role of the mediator, Understanding mediation, War Stories

(FORARB/Charles University)/ /Leave a comment

At a certain point, when another offer was denied, one of the managers showed a real disappointment with the hard negotiation approach presented by the other party: “You know what?! I lost my patience. I will not sit here any further… I will ask my lawyer to finish the formalities and let’s see each other…

Brexit, Causes of Conflict, Cognitive Bias, Impasse, Non-violent communication

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

In an increasingly turbulent and polarised world, where fear and anxiety are on the march and divide and rule is more in evidence, it is tempting to circle the waggons to keep those who disagree with us at bay. In this sort of environment differences are magnified, positions become entrenched, interests are overlooked and others…

Bias, Cognitive Bias, Creativity, Decision making, Fear, Guitar, Intuition, Neuroscience, Time Pressure, Uncategorized

(Core Solutions Group / Scottish Universities Insight Institute)/ /2 Comments

“If two people are in a room, there are actually six to consider: “What each person is; what each person thinks he or she is; and what each person thinks the other is.” So began a recent Guardian editorial on relations between Iran and the USA. This observation is attributed to the late wife of…

Bias, Cognitive Bias, Creativity, Decision making, Framing, Japan, Personal Development, Reflective practise, Uncategorized

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

A recent visit to Japan coincided with the inauguration of the new Emperor Naruhito and the start of what has been designated as the ‘Reiwa’ era. This is officially translated as beautiful harmony, although other interpretations have also mentioned order and control! At the ceremony to mark his ascension to the Chrysanthemum Throne the new…

Brexit, Cognitive Bias, Dispute Resolution, Europe, Negotiation

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

I am sorry for writing about Brexit again here. It is not as if Brexit matters that much. To readers of this blog outside of Europe perhaps not all. But I cannot resist it. I was thinking about writing about the Beatles and The Rolling Stones – arguably equally as UK-centric as Brexit. Well, I…

Bias, Business, Cognitive Bias, Commercial Mediation, Conventional wisdom, Creativity, Decision making, Economics, Intuition, Neuroscience, Uncategorized

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

‘A bird in the hand is worth two in the bush’ is thought to originate from mediaeval falconry! There are a number of variations on the theme – apparently in central Europe the saying is ‘a sparrow in the hand is worth a pigeon on the roof’! A number of cognitive biases are at play…