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Cognitive
Cognitive Biases: Urine Tests, Legal Education Neuromyths, and Lawyers
November 28, 2019
There has been a lot published on cognitive biases, legal education, and lawyers over the last couple of months. I decided to write a short article summarizing this material:Cognitive Biases: Urine Tests, Legal Education Neuromyths, and Lawyers. "Over the past few years, I have been studying cognitive biases, and now I see them everywhere. They are pervasive in both our public and private lives. They affect how we see politics, do our jobs, and relate to others. Understanding cognitive...
November 28, 2019
There has been a lot published on cognitive biases, legal education, and lawyers over the last couple of months. I decided to write a short article summarizing this material:Cognitive Biases: Urine Tests, Legal Education Neuromyths, and Lawyers. "Over the past few years, I have been studying cognitive biases, and now I see them everywhere. They are pervasive in both our public and private lives. They affect how we see politics, do our jobs, and relate to others. Understanding cognitive...
Fragile Self-Esteem
November 16, 2019
We develop a model of fragile self-esteem — self-esteem that is vulnerable to objectively unjustified swings — and study its implications for choices that depend on, or are aimed to protect, one's self-view. We assume that a person's self-esteem is determined by sampling from his store of ego-relevant memories in a fashion that in turn depends on his self-esteem. This feedback mechanism can create multiple "self-esteem personal equilibria,'' making self-esteem fragile. Self-esteem is especially...
November 16, 2019
We develop a model of fragile self-esteem — self-esteem that is vulnerable to objectively unjustified swings — and study its implications for choices that depend on, or are aimed to protect, one's self-view. We assume that a person's self-esteem is determined by sampling from his store of ego-relevant memories in a fashion that in turn depends on his self-esteem. This feedback mechanism can create multiple "self-esteem personal equilibria,'' making self-esteem fragile. Self-esteem is especially...
Prospect Theory and Stock Market Anomalies
November 15, 2019
We present a new model of asset prices in which investors evaluate risk according to prospect theory and examine its ability...
November 15, 2019
We present a new model of asset prices in which investors evaluate risk according to prospect theory and examine its ability...
Overcoming Impasse in Mediation
November 12, 2019
Why are we at Impasse? First, mediators must appreciate why lawyers and their clients are struggling with these...
November 12, 2019
Why are we at Impasse? First, mediators must appreciate why lawyers and their clients are struggling with these...
If you are going to mediate, be happy!
October 31, 2019
Clearly, the mood of the “negotiator” affected how much or little she “trusted” the other party. More notably,...
October 31, 2019
Clearly, the mood of the “negotiator” affected how much or little she “trusted” the other party. More notably,...
Psychological Barriers to Resolving Intergroup Conflict: An Extensive Review and Consolidation of the Literature
October 23, 2019
This article reviews over sixty years of research on psychological barriers to intergroup conflict resolution and finds that scholars have identified eighty nominally different barriers that create or exacerbate intergroup conflict. In order to create a tractable list that would be more helpful to future scholars and practitioners, we consolidate this vast literature (e.g., by eliminating substantive and conceptual redundancies) to produce a list of twenty‐six “unique” psychological barriers....
October 23, 2019
This article reviews over sixty years of research on psychological barriers to intergroup conflict resolution and finds that scholars have identified eighty nominally different barriers that create or exacerbate intergroup conflict. In order to create a tractable list that would be more helpful to future scholars and practitioners, we consolidate this vast literature (e.g., by eliminating substantive and conceptual redundancies) to produce a list of twenty‐six “unique” psychological barriers....
The Good and Bad of Anger in Negotiation!
October 16, 2019
Ultimately, the researchers found that “…as anger intensity increased, initially the concessions that were made also increased, but at a certain point, as anger intensity continued to increase, the concessions decreased.” (Id.) In a Harvard Negotiation PON Blog post, Katie Shonk in “The Art of Negotiation: Anger Management at the Bargaining Table” (August 13, 2018), notes that while anger in negotiation may help a party claim value, one must be careful. A 2013 study by Stéphane ...
October 16, 2019
Ultimately, the researchers found that “…as anger intensity increased, initially the concessions that were made also increased, but at a certain point, as anger intensity continued to increase, the concessions decreased.” (Id.) In a Harvard Negotiation PON Blog post, Katie Shonk in “The Art of Negotiation: Anger Management at the Bargaining Table” (August 13, 2018), notes that while anger in negotiation may help a party claim value, one must be careful. A 2013 study by Stéphane ...
Impasse in Mediation
October 15, 2019
Why does impasse occur in mediation? In my experience as a commercial mediator, impasse most often flows from a combination...
October 15, 2019
Why does impasse occur in mediation? In my experience as a commercial mediator, impasse most often flows from a combination...
The Surprising Benefits – and Risks – of Trash Talk
October 13, 2019
Incredibly, those who had been the targets of trash-talking performed significantly better than those who hadn’t. “That’s interesting because though we tend to think of it as being a way of intimidating another person, and diminishing their performance, what we’re finding is that when you’re the recipient of trash talk, you become extra motivated to outperform your opponent,” says Yip. Oddly, this is the only consequence of the technique that people seem to be able to predict. When...
October 13, 2019
Incredibly, those who had been the targets of trash-talking performed significantly better than those who hadn’t. “That’s interesting because though we tend to think of it as being a way of intimidating another person, and diminishing their performance, what we’re finding is that when you’re the recipient of trash talk, you become extra motivated to outperform your opponent,” says Yip. Oddly, this is the only consequence of the technique that people seem to be able to predict. When...
Framing, Process and Empathy
October 4, 2019
Several weeks ago, I posted a blog about a book I recently read, Negotiating the Impossible by Deepak Malhotra (Berrett-Koehler Publishers, Inc., Oakland, Ca. 2016). In it, the author notes that three things are paramount to resolving the most intractable disputes: Framing, Process and Empathy. By “framing”, the author means presenting a proposal objectively so that it can be made more attractive than otherwise. (Id. at 11.) In sum, it is all about how a proposal is presented-...
October 4, 2019
Several weeks ago, I posted a blog about a book I recently read, Negotiating the Impossible by Deepak Malhotra (Berrett-Koehler Publishers, Inc., Oakland, Ca. 2016). In it, the author notes that three things are paramount to resolving the most intractable disputes: Framing, Process and Empathy. By “framing”, the author means presenting a proposal objectively so that it can be made more attractive than otherwise. (Id. at 11.) In sum, it is all about how a proposal is presented-...
