The Matthew Effect

It seems that everywhere one looks, there is an implicit bias lurking behind the scenes.   While recently, it was the birthday paradox, this week it is the implicit bias we have regarding status. In an article in the Science and Technology section of The Economist (September 14, 2022) entitled, An [Read More]

By |November 4th, 2022|Research|

Virtual Mediation Is Here To Stay!

Recently, I received an email from Darren Lee, Executive Director of The National Academy of Distinguished Neutrals (NADN) with the results of a survey (NADN-2022-SurveyOfLitigators-ViewsOnODR[64656]  ) of litigators on virtual mediation. The survey compared responses received in September 2020 with those received in September 2022. Both surveys were sent to [Read More]

By |October 28th, 2022|Research|

Watch the Body Language!

I was watching the CBS morning news the other day and as the program neared its end, the anchors talked for a few minutes with Vanessa Van Edwards, an expert on body language and the author of the just published book- Cues- Small Signals – Incredible impact. (video clip) According [Read More]

By |September 2nd, 2022|Research|

Perhaps the Eyewitness is Correct!

In various blogs throughout the years, I have discussed the unreliability of eyewitness testimony and of misidentification. However, an article in the Science and Technology section of The Economist (February 24, 2022) entitled “First Impressions”, suggests that eyewitness identification may not always be incorrect. The article notes it has been [Read More]

By |March 11th, 2022|Research|

Macro Ethics and Micro Ethics

I always thought ethics was ethics. But evidently, there are two types: macro ethics and micro ethics. According to Wikipedia, Macro ethics is a term that was coined in the 20th century "… to distinguish large-scale issues from individual ethics or micro ethics. It is a type of applied ethics". [Read More]

By |October 1st, 2021|Research|

The Mediator as a Choice Architect.

One of the most important aspects of mediation is self-determination. Standard 1 of the Model Standards of Conduct for Mediation is entitled "Self-Determination." It provides that a mediator shall conduct a mediation based on self-determination which it defines as the "act of coming to a voluntary uncoerced decision in which [Read More]

By |September 24th, 2021|Research|

How Do You Define “Ethics?”

In a recent post, I discussed a book I just finished reading, The Power of Ethics by Susan Liautaud (Simon and Schuster, New York, NY 2021). While Professor Liautaud made many interesting points, her definition of "ethics" caught my attention: "For centuries, we have shared common expectations of how we [Read More]

By |September 3rd, 2021|Research|

Making Ethical Decisions

A few weeks ago, I went into a bookstore to look around and possibly buy some books to read during my work-from-home stint. I stumbled across The Power of Ethics by Susan Liautuad (Simon & Shuster, New York, NY, 2021) and could not resist buying it: it may provide some [Read More]

By |August 27th, 2021|Research|