Walker S. Mediation Behaviour - Why We Act Like We Do

London, Dublin, Edinburgh: Bloomsbury Professional, Bloomsbury Publishing Plc, 2021. — XIV, 362 p.Logical or psycho-logical? Which are we when making decisions and negotiating at mediation? Learn which behaviours are obstacles to settlement and how to overcome them. Find out how to apply the latest research in neuroscience, behavioural economics and psychology to achieve better outcomes. Our heads, hearts and guts – which should we use and when?More than an update and discussion of the latest research findings, "Mediation Behaviour: Why We Act Like We Do" is experience-based and using that shows how to resolve disputes successfully and cost-effectively. Written from the point of the view of mediators, disputing parties, their advisers and representatives, this new title:
Investigates the role of emotions, cognitive biases and intuitions in our mediation behaviour
Identifies the behaviours that are barriers to settlement and the ones that are bridges to settlement
Shows how they affect the six mediation fundamentals: self, money, power, fairness, truth and trust
Explains how to be better at negotiation, risk analysis and persuasion
Looks in detail at the psychology of offers - how to make them and how to reject them
Explores how mediating online changes the way we do thingsTen years ago Daniel Kahneman published "Thinking, Fast and Slow". It became an international best seller and transformed the way we looked at decision making. Mediators were introduced to a new world where Kahneman showed us how we don’t make decisions in the way that we think that we do. Rationality and logic were not as important as emotions, short cuts and cognitive biases. We take fast instinctive decisions more readily than slower reflective ones. He called these System 1 and System 2. We end up self-sabotaging our best outcomes. An infodemic of new information about our brain, emotions and behaviour hit us. And it continues. Behavioural economics, neuroscience and psychology are teaching us more than we have ever known about the one subject that we are all interested in: Ourselves. How can we cope with this information overload? What
can it teach?COVID, lockdowns, WFH (working from home) ODR and mediating online have made this question even more important and urgent. The problem that I increasingly pose myself, however, is whether research in these areas can be extrapolated to negotiations and mediation.Preface
Introduction
The Brain
Feeling: Emotions
Thinking: Cognitive Biases and Mind Traps
Intuition
Self
Frequently Observed behaviours (FOBs): Barriers
Frequently Observed behaviours (FOBs): Bridges
Persuasion
Prediction
Perception
Money
Power
Truth
Fairness
Trust
The Psychology of Offers
Online mediation
Index