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The blog of Resolution Systems Institute

Archive for May, 2010

Lawyers Overconfident about Outcomes

Susan Yates, May 24th, 2010

An interesting study written up in Psychology, Public Policy, and Law found that lawyers are not good at predicting case outcomes. They tend to be overconfident in predicting how cases will turn out and, even when considering how their cases went in retrospect, they think they turned out better than they did.

Lawyer overconfidence may not seem like news, but whether lawyers have an accurate sense of how their cases will turn out determines how they handle the case, what resources are used, and eventually how satisfied their clients are with their lawyers and the judicial system. So, while it is not news, the question of what to do about it is worth considering.

Interestingly, this propensity to be overconfident does not vary based on years of experience of the lawyer. (more…)

“Nudge”

Susan Yates, May 17th, 2010

I have started reading “Nudge” by Richard Thaler and Cass Sunstein of University of Chicago. While I don’t know yet what I will think of all their ideas, they have captivated me with some already. Their discussion of “choice architects,” people who have the “responsibility for organizing the context in which people make decisions,” immediately got me thinking about how court ADR programs are designed, particularly decisions about referrals.

The authors describe the example of choice architects in a cafeteria putting salad and fruit at the beginning of the food line to promote healthy eating as a form of “libertarian paternalism,” a phrase they distinguish from the popular meanings of either word. (more…)

Video Games and Learning to Mediate

Susan Yates, May 4th, 2010

Many years ago a colleague described learning to mediate as being like trying to watch two different TV screens with different shows on them, and learning to meld them into one. On one screen was the story and facts of the case itself and on the other was the mediation process and all its related skills and strategies. The trick was to learn how to braid the two aspects into one flowing mediation. For a long time I liked and used that metaphor when talking with new mediators.

This weekend, I had an experience that replaced, or at least augmented, the TV metaphor. My teenage son tried to teach me to play one of his online video games. (more…)