Litigation
Cal. Litig. 2019, Volume 32, Number 1
Content
- California Confidential What Happens In Mediation May Not Stay In Mediation
- Editor's Foreword: Singularly First Person
- From the Section Chair Opportunities for Service
- Masthead
- MCLE Test Questions for Self-Study Test (1 hour of credit)
- Running for Judge What I Gained Besides a Judgeship
- Table of Contents
- The Fight Over Martins Beach: Convincing the Supreme Court to Deny a Tech Tycoon's Attempt to Cut Off Public Beach Access
- The Nudge Principle Prompts a Drop in Demurrer Filings
- Tough Cases Canan, Mize & Weisberg, eds. (the New Press, N.Y. 2018)
- We the Corporations: How American Businesses Won Their Civil Rights by Adam Winkler
- Why I Am a Cla Litigation Section Member
- Psychology and Persuasion in Settlement
Psychology and Persuasion in Settlement
By Stacie Feldman Hausner
Stacie Feldman Hausner
Back in the late 1800s, the great U.S. historian James Harvey Robinson observed that "most of our socalled reasoning consists in finding arguments for going on believing as we always do." Since then, many cognitive and behavioral studies have emerged to confirm Robinson’s observation and to explain that numerous cognitive biases exist that prevent people from accurately assessing the value of new and contrary information. These cognitive biases can have a large impact on whether negotiators are able to settle their disputes.