From the category archives:

Mind and Cognition

It’s funny how the books we read when we are young stick with us. One such book for me was Robert Heinlein’s Stranger in a Strange Land, a science fiction story about a man, raised by Martians, who returns one day to Earth, and the clash of cultures and values that inevitably results.

What I recall most vividly were the Fair Witnesses, the licensed professionals that Heinlein invents for this book. Fair Witnesses receive extensive training in careful, impartial observation and assiduously avoid assumptions when called upon to provide their services.  In one memorable scene, one Fair Witness, Anne, demonstrates her unique skill to two other characters, Jubal and Jill. Jubal asks Anne, “That house on the hilltop — can you see what color they’ve painted it?” Anne  replies, “It’s white on this side.”

Jubal explains to Jill,

You see? It doesn’t occur to Anne to infer that the other side is white, too.  All the King’s horses couldn’t force her to commit herself…unless she went there and looked–and even then she wouldn’t assume that it stayed white after she left.

I never forgot what the Fair Witness said: “It’s white on this side.”  It’s unlikely that any of us is that precise or discerning when called upon to recount an incident or describe an object or problem.

Imagine the house on the hilltop. Now picture two people, each of whom stands facing a different side of the house, one person at the back, one at the front. Based on what they are able to see, front or back, each draws conclusions about the entire house – what color it is painted, what materials it is constructed of, whether repairs may be needed. But until each has left his original position and walked around the house, inspecting it from all sides, those conclusions remain suspect, based on incomplete data.

In teaching negotiation and mediation, I often discuss the scene from Heinlein’s book after administering an uncritical inference test known as “The Cash Register Exercise“. This exercise highlights the very human tendency to quickly fill in the gaps when information is missing and to draw assumptions about what we don’t know from what we do. (Click here to download the exercise and answer key in PDF.)

For those negotiating, information is indeed power. Examining issues from different angles can protect negotiators from bad deals or from missed opportunities.

For new mediators, the exercise and Heinlein’s story serve as a salutary reminder that our own assumptions can limit our effectiveness at the table. Cognitive error may blinker us, hampering us from helping those locked in conflict arrive at a more expansive understanding of the problems they face. The other lesson, too, is an obvious one: mediation offers fresh ways of looking at issues – from all sides, not just one, inviting parties to step away from their side of the house to see it in its entirety.

Seeing the house from all sides allows us to test or transcend our assumptions. Stepping away to gain a different view doesn’t mean giving up what you believe or need. With accurate and complete information, our conclusions can rest on surer ground. And it might even change our minds along with our vantage points.

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I’ve been active on social networking site Twitter for about a year now. It’s proven to be a good resource for useful links.  Last week one of the folks I follow, workshop facilitator Joe Gerstandt, pointed his readers to an article that appeared last November in the Globe and Mail, “Why smart people do dumb things“.

It’s an article on dysrationalia – how hard it is for us to think rationally, despite the intelligence we possess. Dysrationalia leads us to take shortcuts in solving problems, going for what seems the easy or obvious answer instead of working harder to identify the correct one.

This article poses some puzzles for readers to solve, including this one:

Bob is in a bar, looking at Susan. But she is looking at Pablo. Bob is married. Pablo is not.

Is a married person looking at an unmarried person? The answer could be (a) yes, (b) no or (c) cannot be determined.

The correct answer might surprise you. Click here to test yourself on this and the other brain teasers the article challenges readers to match their wits against.

Photo credit: Artem Chernyshevych.

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Blind justiceAs I was getting ready for the start of the mediation training I was teaching, one of the participants, just arrived, approached me to tell me to get him a cup of coffee. Despite my power suit and the flip chart markers in my hand, he had mistaken the lead trainer for a member of the support staff.

If you think that this is an isolated incident in the life of an ADR professional who happens to be a woman, think again. Challenge yourself by reading commercial mediator Victoria Pynchon’s gutsy series on gender, race, and diversity in the ADR profession:

Negotiating Prejudice at U.C. San Diego

Negotiating Gender: Why So Few Women Neutrals?

Update on Gender Diversity in the Judiciary and in ADR

Then do as Vickie suggests and take the awareness-raising tests at Project Implicit, an ongoing research project inquiring into the implicit biases that affect our judgment. What associations do you draw about identity, capability, and role?

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In my ongoing one-woman effort to contribute to the improvement of public discourse, each month I discuss an example of a Fallacious Argument. In December I chose a particular favorite of mine, the ad hominem.

This month I revisit it. Why? Because accusing someone of committing a fallacy of the argumentum ad hominem can itself be a fallacy. Let us consider it.

As the saying goes, there’s an app for everything. Some enterprising soul, capitalizing on the American fondness for the gratuitous insult, has created the political insult generator app, one for conservatives and one for progressives.

Thanks to these digital innovations, iphone and ipod Touch owners need no longer be at a loss for words in any political debate. Confident that a witty retort is always handy, they can hurl at their opponents ready-made epithets such as “crunchy business-bashing libtards” or “puritanical Bible-banging bullies”. It’s all in har-har good fun.

It’s harder to laugh though when a visit to any online forum or the letters page of your daily paper shows how ready to hand the insult is, like a rock to be hurled. But who’s surprised? Marshaling evidence to demonstrate the flaws in an opponent’s reasoning takes hard mental work. It’s much more fun and requires less effort to simply heap verbal abuse upon your adversary to attack their patriotism, ancestry, food preferences, or taste in ties.

There are of course ways to respond to such tactics. Often, however, in response to the jeering, people mistakenly accuse their opponents of engaging in ad hominem attacks. This is the fallacy of the fallacy of the argumentum ad hominem.

In a true argumentum ad hominem, an individual uses an attack on the speaker to undermine the speaker’s argument. Declaring your opponent a “Nazi”, “socialist”, or other insult du jour doesn’t cut it. It may be childish, uncalled for, and do nothing to further discussion, but it is not an ad hominem. Sorry.

If you’re confused about the difference, one writer, Stephen Bond, offers guidance, parsing numerous examples of correct and incorrect uses of ad hominems (warning: some language not safe for kids). Here’s one :

A: “All politicians are liars, and you’re just another politician. Therefore, you’re a liar and your arguments are not to be trusted.”
B: “Yet another ad hominem argument.”

If you accept the premises, A’s argument is sound; but I think most of us would sympathise with B and class it as fallacious, and ad hominem. This is because we do not accept the premise that all politicians are liars. There is a false premise that lies behind all ad hominem arguments: the notion that all people of type X make bad arguments. A has just made this premise explicit.

When debaters throw mud, everyone gets splattered. Too bad that a good clean fight has never been in fashion.

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change blindnessIt’s happened at some point to anyone who drives a motor vehicle. You inch slowly into the intersection, cautiously looking in all directions to make sure that the right of way is clear. Convinced that you can now safely make your turn, you pull forward. Suddenly, out of nowhere, its horn blaring, appears a car, swerving to avoid you. In a panic, your heart pounding loudly in your ears, you slam on your brakes, wondering how in the world you could have missed that car.

The subject of numerous studies, including research done by the Visual Cognition Lab of the University of Illinois, change blindness is the failure to detect large changes in what is literally right in front of our eyes.

Paying attention is important, not just for drivers. Daily life demands our attention, otherwise we may inadvertently overlook the important.

So, how observant are you? Test yourself with this video, created as part of a motor vehicle safety awareness campaign for the City of London:

More change blindness links on Mediation Channel here:

Hat tip to @SmilingMind.

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Right before your eyes: on cognitive fluency, graphical literacy, and illusion

January 31, 2010 Conflict Resolution

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 [...]

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Does law lag behind science? Psychologists question Supreme Court campaign finance decision

January 31, 2010 Lawyers, Law and Justice

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 [...]

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Fallacious Argument of the Month: the Appeal to Authority

January 25, 2010 Fallacious Argument of the Month

Each 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 [...]

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What color is a banana? Perception, bias, and identity

December 14, 2009 Conflict Resolution

A quote attributed to author Anais Nin declares, “We don’t see things as they are. We see them as we are.”
The truth of these words is apparent in the following anecdotes, which I invite you to consider.
Anecdote 1
When my son was tested for a coveted spot in a private prekindergarten, he was asked, ”What color [...]

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Fallacious Argument of the Month: argumentum ad hominem

December 6, 2009 Fallacious Argument of the Month

Welcome to December’s installment of my ongoing series, Fallacious Argument of the Month.
Driving in my car on my way to a meeting on Friday, I happened to catch a popular NPR news analysis program, On Point. Host Tom Ashbrook was talking with political commentator and Yale University computer science professor David Gelernter on his newly [...]

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