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December 11, 2012

Are the Parties’ Unconscious Biases Leading the Case Astray?

As litigators, we’ve all fallen into the trap of believing our client’s perspective, only to learn later of conflicting evidence that erodes our client’s case. It may be that our client was experiencing selective perception – a dynamic in which individuals focus on a certain aspect of a situation while unconsciously ignoring other equally important aspects.

Before we assume our client was pulling the wool over our eyes, we shouldn’t rule out the possibility that he honestly believed his perspective was true. Social scientists have found that we often overestimate our ability to perceive and recall events. Here’s a link to a fun one-minute video that may surprise you.

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Filed Under: Mediation