Anger

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

 Gullible System 1 –Fast & Always

there

 Doubting System 2 – Slow &

Sometimes Busy
Physiology has a bearing
Tired vs Energetic

A tired person tends to be  An energetic person

influenced more easily tends to be more alert

More susceptible to  More likely to cast

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

 Easier to get concessions when a Party

is exhausted

 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

 Observe Facts to Draw

Conclusions (Scientific)

 Find Facts to Support what

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

 Entrenching one’s positions

while discounting the
opponent’s
 Making Parties become
combatant
 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

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

 Empower the
rationality of the Party
Risk Aversion
Risks Perceived

 Partiesmake decisions not

based on objective risks

 But Risks Perceived

Risks Carry Different Weights

 BeRisk Averse to protect a sure

gain
 BeRisk Seeking when facing a
sure loss
 Notrationally 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

 Perceptions as Gains rather than Losses

 The Other Side’s Concessions are increasing Gains

to be treasured, not diminishing Losses to be
scorned of

 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

 Over-estimate one’s winning chance

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

 Lawyers: You have a Strong Case

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

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

 Advocatesshould help the Party to

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

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

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