“Attorneys possess many of the same characteristics as their human cousins.” Someone said that. Probably me. They often bring cognitive barriers to their jobs that hinder negotiating conflict resolutions. Same for their human clients.

Things like refusal to cede the moral high ground, or stubbornly believing there must always be someone to blame. Then there is overconfidence (i.e., “I am right and will win in court!”), or they might exhibit selective memory, confirmation bias, and loss aversion.  Attorneys are often in the position of mediator and problem solver. What can attorneys do to more effectively achieve satisfactory outcomes when the parties bring in their own set of human characteristics and emotions?

Jeff Trueman,  joins me to discuss how the mind influences mediation.  He is an experienced, full-time mediator and arbitrator who handles litigated and pre-suit disputes. His work includes catastrophic injury, professional malpractice, wrongful death, employment, family business, real estate, estate, and domestic-relations matters. Jeff serves on mediation and arbitration panels for the American Arbitration Association and FINRA. He is also a Distinguished Fellow of the International Academy of Mediators; a recipient of the Paul A. Dorf Alternative Dispute Resolution Memorial Award by the Bar Association of Baltimore City; and will soon hold an LLM from the Straus Institute for Dispute Resolution at the prestigious Pepperdine School of Law. 

Finally, did I really suggest that having a mediator with a bad hip could help achieve a faster resolution? Did I really give a review of the HBO original movie Oslo, which I consider a must-see for anyone interested in conflict resolution? Did I really compare married couples during the COVID-19 lockdowns to angry bees in a jar? Listen and find out. Spoiler alert: Yes. Yes, I did. 

Thanks for listening!

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If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com.

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Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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FILED UNDER: Alternate Dispute Resolution (ADR)​​
TAGS: Arbitration | Mediation | Settlements