From the monthly archives:

January 2010

Optical illusions make ideal teaching tools in negotiation and conflict resolution training. They serve as humbling reminders of the unreliability of our senses and the conclusions we draw from the data we perceive. One of my favorite illusions is “Shepard’s Turning the Tables“, which you can view at the web site of Professor Michael Bach of Universitäts-Augenklinik, Freiburg, Germany.

This illusion depicts two tables standing near each other. The tables appear to be of different sizes, one apparently longer and narrower than the other. When you click “Run”, one table top lifts and floats, coming to rest on top of the second table, allowing you to see that the surface areas of the tables are in fact identical and match perfectly. You can reset and replay the illusion again and again.

Amazingly, despite knowing the truth about the dimensions of the table tops, your eyes still see differing sizes and shapes. I invite you to see for yourself. (I must caution those of you whose time is limited: visiting Professor Bach’s site, a collection of 86 jaw-dropping illusions, for only a minute is simply not possible. You’ll find yourself irresistibly drawn from one illusion to the next.)

For those of you interested in influences on perception and cognition, I recommend one article and two videos, all thought-provoking (for those of you viewing at work, please note that a certain four-letter word appears in both videos):

Via The Boston Globe, “Easy = True: How ‘cognitive fluency’ shapes what we believe, how we invest, and who will become a supermodel“. Globe staff writer Drake Bennett describes cognitive fluency as “[o]ne of the hottest topics in psychology today”. He reports that cognitive fluency is “simply a measure of how easy it is to think about something, and it turns out that people prefer things that are easy to think about to those that are hard.” Studies suggest that factors such as rhyming words or font style and legibility of text influence the way we process information, enhancing or hampering our ability to perform tasks or make judgments.

The outstanding blog Sociological Images posted “Chart Wars: The Political Power of Data Visualization,” a presentation by political consultant Alex Lundry, which offers a salutary lesson in “graphical literacy” and warns against the ways in which depictions of visual data can mislead or distort. View it here:

From Colin Rule’s blog, “The template for every news story you’ve ever seen“. Watch in awe to see how, in Colin’s words, “a couple edits and on-the-street interviews can transform fuzzy thinking into something that seems insightful”:

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In yesterday’s mail, among the bills, bank statements, and catalogs, I found a solicitation from a non-profit. The package it arrived in declared in bold red letters that my “signature is needed” (not to mention, no doubt, my cash) for a petition to halt some objectionable political action. Visible through the plastic wrapper was a pen, their gift to me.

No doubt you’ve received similar solicitations from other organizations. In the past they’ve sent me (and occasionally my dog) shiny nickels; return address labels; and (my personal favorite) a world map. Those who create these campaigns are hoping to take advantage of the principle of reciprocity, that universal force that compels us, almost beyond our will, to return favors done for us. Robert Cialdini describes its effect at length in his well known work, Influence: The Psychology of Persuasion, and how heavily humans feel and act from a sense of obligation. He writes,

The impressive aspect of the rule for reciprocation and the sense of obligation that goes with it is its pervasiveness in human culture. It is so widespread that after intensive study, sociologists such as Alvin Gouldner can report that there is not human society that does not subscribe to the rule. And within each society it seems pervasive also; it permeates exchanges of every kind.

Alas for these nonprofits, I have read Cialdini and am able to resist the compulsion to reciprocate, pocketing the nickels and applying the return address labels to my personal correspondence without the slightest twinge of guilt.

While this effort to influence my decision regarding charitable gift-giving failed to work in my case, science has exhaustively documented  how effective its influence can be.

The force of reciprocity does much social good, allowing interpersonal and commercial transactions to flourish, leading to “a cluster of interdependencies that bind individuals together into high efficient units”, producing “social advances”, as Cialdini writes. Reciprocity, though, can be turned to a more sinister purpose. Bribes, kickbacks, and corruption are its unloved progeny.

While science perhaps acknowledges the influence and risks of reciprocity, law sometimes lags behind.  And all too often these influences operate just beneath the radar of our own awareness. For example, despite having enjoyed a duck-hunting trip at the invitation of then Vice President Cheney, Supreme Court Justice Antonin Scalia refused to recuse himself from a case involving Cheney, confidently asserting, “I do not think my impartiality could reasonably be questioned.”  Folks who understood something about the subtle powers of persuasion weren’t so confident. (See for example, “Psychology 101: A Remedial Class For Justice Scalia” (PDF), by Mahzarin R. Banaji, Richard Clarke Cabot Professor of Social Ethics in the Department of Psychology, and Carol K. Pforzheimer Professor at Radcliffe, Harvard University.)

Now, years later, psychologists and other social scientists are shaking their heads over another Supreme Court call, this one involving another form of influence: corporate campaign financing.

In the recent Supreme Court decision on the constitutionality of campaign finance laws, Citizens United vs. Federal Election Commission (PDF), which struck down federal law limiting spending by for-profits, non-profits, and unions. Justice Anthony Kennedy, writing for the majority, observed:

The fact that speakers may have influence over or access to elected officials does not mean that these officials are corrupt…

The appearance of influence or access, furthermore, will not cause the electorate to lose faith in our democracy…

…independent expenditures do not lead to, or create the appearance of, quid pro quo corruption. In fact, there is only scant evidence that independent expenditures even ingratiate.

Some psychologists beg to differ, according to “Psychologists: Propaganda works better than you think”, an article in USA Today that samples the views of several psychologists on the science behind campaign financing and voter influence. From the article:

“The First Amendment confirms the freedom to think for ourselves,” said Justice Anthony Kennedy, reading the court’s 5-4 majority opinion on Thursday, finding that corporations and unions can freely spend money on campaign ads to defeat or elect federal candidates. The decision ends decades-old limits on political spending.

So, we might ask, how well does research suggest people “think for themselves” under the potential flood of political ads from that spigot?

“I don’t have any particular position on the ruling itself, but this justification for the decision is based on an incorrect assumption about how the mind works,” says psychologist Brian Nosek of the University of Virginia. “If the goal really was to increase the chances that citizens would think for themselves, then the decision should have been to ban partisan advertising completely.”

Nosek and his colleagues, Harvard’s Mahzarin Banaji and the University of Washington’s Tony Greenwald, operate “Project Implicit” which features an “Implicit Association Test” to measure unconscious beliefs, including political ones. The data from 7 million participants show so-called “undecided” voters have often already made up their minds unconsciously on who they will vote for, for example. And the team has also mapped congressional race outcomes nationwide against unconscious racial biases, finding that prejudices invisible to voters themselves swayed their decisions, rather than rational thinking.

“The (think for themselves) justification is ironic considering that the purpose of advertising — political or otherwise — is to persuade the viewer about a particular point-of-view,” Nosek says. “That is, the goal of the political ad is deliberately ‘not’ to have citizens thinking for themselves.”

Psychologists remain wondering when the legal system will catch up with the science. So might the rest of us.

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In the second episode of ADR podcast series Cafe Mediate, conflict resolution and ADR marketing expert Tammy Lenski, London-based international business mediator Amanda Bucklow, New York City detective and conflict resolution professional Jeff Thompson, and I sit down together to consider the question, “What makes a great mediator?”.

This lively transatlantic conversation focused on the qualities that distinguish the effective practitioner. Listening to these seasoned colleagues left me inspired and thinking how fortunate I am to be able to count these talented conflict resolvers as my friends – thanks to Tammy, Amanda, and Jeff for such a thought-provoking discussion.

Each month ADR podcast series Cafe Mediate (motto: “where conversation, not caffeine, is the stimulant”), will feature conversation among ADR practitioners about topics relevant to the business, practice, and future of our field.

Future editions will explore issues such as certification and professionalization; debunking ADR myths; and training and education of mediators. I hope you’ll tune in. In the meantime, click here to learn more about “what makes a great mediator“.

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The American Bar Association Section on Dispute Resolution has announced that it has honored premier ADR and negotiation web site Mediate.com as the institutional recipient of the prestigious Lawyer as Problem Solver Award.

From the ABA press release:

Mediate.com offers the field one of the most used information resources, replete with blogs, cutting edge articles, news of mediation and negotiation practice, as well as a place for interactive dialogue. The website is a practical tool for practitioners and helps them become more effective problem solvers.

Mediate.com applies the technology of the internet directly to lawyers and dispute resolution practitioners. The founders of Mediate.com had the foresight to see the importance and applications of internet and bring them to bear on a developing field of practice. This groundbreaking website has given tools and resources to the public and to ADR professionals to do their own problem solving in virtually every field of law.

Jeffrey Krivis, a well known leader in the dispute resolution field, expressed it best when he observed that Mediate.com “has become to mediators what Google has become to the Internet.”

To my friends at Mediate.com: congratulations on this well-deserved honor.

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Fallacious Argument of the Month - the Appeal to AuthorityEach month, in pursuit of better arguments and improved public discourse, I highlight a different logical fallacy. This month I invite you to consider the irrelevant appeal to authority.

People of a certain generation perhaps recall advertisements for Sanka decaffeinated coffee in which actor Robert Young, known for playing a doctor on a popular seventies television drama, Marcus Welby, M.D., warns against the health risks caffeine poses and recommends Sanka to TV viewers.

In Chapter 6 of his popular work, Influence: The Psychology of Persuasion, Robert Cialdini describes the influence this particular ad wielded in shaping the coffee purchasing decisions of its audience:

From the first time I saw it, the most intriguing feature for me in the Robert Young Sanka commercial was its ability to use the influence of the authority principle without ever providing a real authority. The appearance of authority was enough. This tells me something important about unthinking reactions to authority figures. When in a click, whirr mode, we are often as vulnerable to the symbols of authority as to the substance.

The well-worn, now comic phrase “I’m not a doctor, but I play one on TV” has its provenance in ads such as this one. But our automatic reaction to authority is no laughing matter.

Clever speakers understand how easy it is to manipulate the public’s deference to perceived experts, using the appeal to authority to disarm our reason in their efforts to persuade us to their point of view. The appeal to authority may assume several forms, including its best known, the irrelevant appeal to authority (invoking an authority figure on a subject on which the authority figure is no expert, such as the Sanka ad). To gird ourselves against such manipulations of our reason, we should perhaps heed the advice of sixties-era protest signs: Question Authority.

By the way, if you’ve enjoyed this series on fallacious arguments and want to learn more about the application of logic in everyday life, there is no better resource than Robert J. Gula’s Nonsense: Red Herrings, Straw Men and Sacred Cows: How We Abuse Logic in Our Everyday Language. It’s available in print and also for free downloading in PDF.

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From the files: Mediation Channel classics for January

January 14, 2010 Mediation Channel Classics

As I do each month, I’ve highlighted posts from prior years. Here is the selection for January:
January 2009

No soap, radio: confronting the fear of asking questions
Remembering wartime: photos of present-day city evoke tragic past

January 2008

Send lawyers, guns and mediators: what songs would be on your mediation playlist?

January 2007

Is your negotiating style leaving value on the [...]

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Mediation Channel celebrates 5 years of blogging

January 14, 2010 Blogs and Bloggers

This past Sunday my blog turned 5.
Two years ago I explained what blogging means to me. Those words still ring true:
It is the collegiality, the friendships that have sprung up across geographic distances. It is the pleasure of mutual discovery, of interests shared. It is the sparks struck and the ideas that ignite when viewpoints [...]

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New Year resolutions: on friendship

January 9, 2010 Random Musings

The start of a new year spurs many of us who observe the Gregorian calendar to take stock of the year just gone and to set goals for the year ahead, whether personal, financial, business, or spiritual.
In looking back on this past year, one event stands out: I lost my beloved friend Maureen last April [...]

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