The Psychology of Mediation


As sure as thunder follows lightning, the battle cry, “It’s not the money, it’s the principle,” follows a seemingly irrational position taken during the course of mediation. Some believe it is always the money. But there is much evidence to suggest that perceptions of fairness drive decision making. Standing on principle can be seen across all case types, from siblings spending more money fighting over an asset than the asset is worth, to an insurance company willing to pay “x” amount of money to settle a case, but only if the insurance company representing a co-defendant will contribute the same amount of money.

This article explores perceptions of fairness, where they come from, how they affect decision making and how to get past the impasse created by such perceptions.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© JAMS | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.