Cognitive Bias

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…

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…

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…

“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…

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…

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”…

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…

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…

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…