Anger

Management
and Bias
JACKY LAI
System 1 & 2 of the
Mind

u Gullible System 1 –Fast & Always

there

u Doubting System 2 – Slow &

Sometimes Busy
Physiology has a bearing
Tired vs Energetic

A tired person tends to u An energetic person

be influenced more tends to be more
easily alert

More susceptible to u More likely to cast

persuasion of empty doubt on messages
messages using logic
Time will Tell

u Easier to get concessions when

a Party is exhausted

u He becomes more feeble-

minded when energy lowers
What is
Confirmation
Bias
Confirmation
Bias
New info for
reinforcing
existing
beliefs…only
Challenging
Information is
Devalued
Because…
Contradictory
Truths are
Uncomfortable
Reasoned Approach vs Religious
Approach

u Observe Facts to Draw

Conclusions (Scientific)

u Find Facts to Support

what have been
Concluded (Confirmation
Bias in Action)
Effect of Confirmation Bias

u Entrenching one’s positions

while discounting the
opponent’s
u Making Parties become
combatant
u Refusing to make rational
decision even in light of
reasonable offers
Selective Memory
Persons honestly see
and remember…

……..what they are

pre-conditioned to believe
they have seen
And Discards
Events
inconsistent
with the
preconceptions
Recalling of Events
becomes highly
Selective
Party Recalls only Events that
Buttress their positions
Impact on Mediation

The Selective Memory makes

Settlement Difficult

Assessment of one’s Case Value

honestly skewed, and Other
Party’s Offer Value inaccurate
To tackle Selective
Memory :

Total Recall
Make the Party Relaxed and
Comfortable First
Cascade Of Questioning

u Be Gentle
u Not to arouse negative emotions
u Talk about trivial matters of which a
Party is fond
u Gradually into solid and objective
evidence of “forgotten” facts
u Logical Sequencing of Events’ links
reconstructed
Empowering the Retrieval
of Lost Memory
u Praise the
Rediscovery of the
lost “inconvenient”
memory

u Empower the
rationality of the
Party
Risk Aversion
Risks Perceived

u Parties make
decisions not based
on objective risks

u But Risks Perceived

Risks Carry Different Weights

u Be Risk Averse to protect a

sure gain
u Be Risk Seeking when facing
a sure loss
u Not rationally on the maths
or expected values from
probabilities
Prefers a Sure Gain of a
Settlement (though small) to the
Risk of a Trial (though big)
Prefers the Risk of Trial (though
big) to Sure loss of a
Settlement (though small)
Framing the Mind

u Perceptions as Gains rather than Losses

u The Other Side’s Concessions are

increasing Gains to be treasured, not
diminishing Losses to be scorned of

u To secure and take the Sure Gains

achieved, not to risk the Uncertain Loss in
quantum or litigation costs
Optimistic Overconfidence
Trusting the gut not the stake

u Over-estimate one’s winning

chance
u Under-estimate opponent’s
chance
u Optimistic Overconfidence may
manifest itself in extreme
settlement positions
Lawyer’s Advice

u Lawyers: You have a Strong Case

u Well, the Opponent may have a
Much Stronger Case, better witnesses
u Lawyers may not have the full
perspectives about the client’s case
(no chance to meet the opponent)
u Lawyers do not have control on
quality of client’s testimony
Desperate for the
Feel-Good Factor
u It feels nice being optimistic

u Comfortable to be in a self-
serving trance, being cheered
by like-minded heroes
Facts versus Illusions
u In-depth discussions are
needed
u What if?
u How Come?
u Contrary Information are to
be extensively explored
u Contingency and Fire-fighting
Plans
A Wake-Up Call

u Advocates should help the

Party to slow down and think
u Mediators may avoid
beginning discussions with
predicting an outcome of the
trial
u Nor gauging litigation skills of
the biased side
u Imbibe taints of Pessimism
Encourage Self-Reflection
Focus on Solutions not Problems
To overcome Optimistic
Overconfidence:

u Creative Thinking
u Focus on Solutions not
Problems
u On Resolving the Disputes not
Winning the case
Q&A
Jacky Lai

Art Direction
Joseph T.C. Kong
josephkong123@icloud.com
WhatsApp 9559-6288