TL;DR: The authors examines impediments to mediation success rooted in cognitive and social psychology, combining academic research on the psychology of bargaining and dispute resolution with mediation practice and proposes actions mediators can take to mitigate these impediments and help disputants to reach mutually acceptable settlement agreements.
Abstract: Some disputes should fail to settle in mediation because there is no agreement that is preferable to adjudication for all of the parties Mediation can also fail as a consequence of strategic behavior or attorney-client conflicts of interest This article examines impediments to mediation success rooted in cognitive and social psychology, combining academic research on the psychology of bargaining and dispute resolution with mediation practice The article examines how the overconfidence bias, the fundamental attribution error, the framing of risky choices, reactive devaluation, and concerns with interactional justice can impede mediation success to the detriment of the litigating parties It also proposes actions mediators can take to mitigate these impediments and help the disputants to reach mutually acceptable settlement agreements
TL;DR: In this article, the authors examined the influence of U.S. appeals, reported in the local Israeli press, that called on the Israelis to make concessions and found that the magnitude of the positive effect of the third party communicator will depend on the recipients' political affiliation and will vary for hawks and for doves.
Abstract: This research studies the effect of news coverage on third-party interventions in negotiations. In the political context of the post-Oslo era in the Israeli-Palestinian negotiations, it examines the influence of U.S. appeals, reported in the local Israeli press, that called on the Israelis to make concessions. Previous research regarding the reactive devaluation bias (Ross 1995) led to the hypothesis that a positive effect of the third-party communicator will occur: An appeal for Israeli concessions from an American source should elicit more favorable attitudes among Israeli Jews compared to the same appeal from a Palestinian communicator. In addition, I hypothesized that in line with tendencies found in regard to the reactive devaluation bias (l. Maoz et al. in preparation), the magnitude of the positive effect of the third-party communicator will depend on the recipients' political affiliation and will vary for hawks and for doves. These hypotheses are examined, using an experimental design of the commu...
TL;DR: In this article, the authors promote efficient construction dispute negotiation (CDN) in construction projects, and propose a method to improve the quality of construction dispute resolution process by reducing the number of involved parties.
Abstract: Disputes are common in construction projects. Protracted dispute resolution processes drain valuable resources. Therefore, promoting efficient construction dispute negotiation (CDN) has bee...
TL;DR: This paper reviewed the nature of and empirical evidence for the operation of several such barriers, including enmity and distrust, false polarization, dissonance reduction and collective rationalization, insistence on justice rather than mere advance on the status quo, reactive devaluation of proposals from the other side and naive realism, with special attention to the role they play in asymmetric conflicts such as that in the Middle East.
Abstract: Intractable conflicts, including that between Israel and West Bank and Gaza Palestinians, are perpetuated by a number of psychological and relational barriers that prevent the parties from reaching agreements that would serve the parties mutual self-interests. This article reviews the nature of and empirical evidence for the operation of several such barriers, including enmity and distrust, false polarization, dissonance reduction and collective rationalization, insistence on justice rather than mere advance on the status quo, reactive devaluation of proposals from the other side, and naive realism, with special attention to the role they play in asymmetric conflicts such as that in the Middle East. Some research evidence suggesting strategies for overcoming these barriers and unfreezing deadlocks is also discussed, along with some lessons that the author and his Stanford Center on Conflict and Negotiation have gleaned from their real-world experiences in second-track diplomacy and their efforts to promot...
TL;DR: In this paper, two special forms of bias, endowment and reactive devaluation, are examined and four sources of bias are identified: ownership, loss aversion, status quo bias and strategic bargaining habit.
Abstract: Two special forms of bias, endowment and reactive devaluation are examined. Endowment effect (EE) describes the phenomenon that people would require more to relinquish items that they own than they would be willing to pay for the same. There are four sources of EE: ownership, loss aversion, status quo bias and strategic bargaining habit. It was further found that construction disputing parties from different construction sectors displayed a similar extent of EE behaviours in CDN. Reactive devaluation (RD) is another well-recognized psychological bias and describes the tendency of downgrading the value of offers proposed by the negotiating counterpart. Five taxonomies of RD behaviours in CDN were identified in this study. These are reluctance to change; doubts about counterpart’s ability; overconfidence; biased information processing and mistrust towards the counterpart. The potency of these taxonomies was validated with confirmatory factor analysis. The findings timely remind the construction dispute negotiators should review settlement offers with an open mind.