July 23, 2019

Five Key Psychological Principles at Play in Mediations

Josh Fruchter
In several of our past blog posts, we’ve referenced various psychological principles applicable in mediations. An awareness of psychological principles can help mediators understand why parties have taken certain positions or why they are behaving in a certain way, as well as anticipate how parties may respond to a mediator’s..
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July 10, 2019

Bracketing in Mediation: When to Use It and Why It Works

Josh Fruchter
Participants in mediations will be familiar with bracketing — a technique widely used by mediators to bridge seemingly insurmountable gaps between what one side is offering and the other side is demanding. Why bracketing works offers a fascinating glimpse into the psychology of negotiation and mediation. Let’s assume a plaintiff..
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July 8, 2019

The Benefits of Preventative Workplace Mediation: Resolving Discrimination Complaints Internally Before a Charge is Filed

Josh Fruchter
A recent article (link below) in the Richmond Times-Dispatch by Karen Michael discussed efforts by the Equal Employment Opportunity Commission (EEOC) to encourage mediation after receiving a charge of discrimination. The article cited several benefits to employers who engage in mediation of discrimination complaints through the EEOC’s program. The article..
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June 26, 2019

Recognizing and Addressing Confirmation Bias in Mediation

Josh Fruchter
As defined by the Farnam Street website, confirmation bias is the “tendency to cherry-pick information that confirms our existing beliefs or ideas.” In other words, after making a decision or reaching a conclusion in which we have a vested interest, we tend to interpret any new evidence in a manner..
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