Transcription of Improving Lawyers’ Judgment: Is Mediation Training De …
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Improving Lawyers’ Judgment: Is Mediation Training De …
\\jciprod01\productn\H\HNR\21-1\ unknown Seq: 1 31-MAR-16 9:08. Improving lawyers ' Judgment: Is Mediation Training De-Biasing? Douglas N. Frenkel* & James H. Stark**. ABSTRACT. When people are placed in a partisan role or otherwise have an objective they seek to accomplish, they are prone to pervasive cognitive and motivational biases. These judgmental distortions can affect what people believe and wish to find out, the predic- tions they make, the strategic decisions they employ, and what they think is fair. A classic example is confirmation bias, which can cause its victims to seek and interpret information in ways that are consistent with their pre-existing views or the goals they aim to achieve. Studies consistently show that experts as well as laypeople are prone to such biases, and that they are highly resis- tant to change, in large part because people are generally una- ware that they are operating.
\\jciprod01\productn\H\HNR\21-1\HNR101.txt unknown Seq: 2 31-MAR-16 9:08 2 Harvard Negotiation Law Review [Vol. 21:1 activity is more effective in achieving objectivity than is mere in-struction about the existence of cognitive biases.
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