Abstract

http://ssrn.com/abstract=689261
 
 

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Psychological Impediments to Mediation Success: Theory and Practice


Russell B. Korobkin


UCLA School of Law


Ohio State Journal on Dispute Resolution, Vol. 21, pp. 281-238, 2006
UCLA School of Law, Law-Econ Research Paper No. 05-9

Abstract:     
Some disputes should fail to settle in mediation because there is no agreement that is preferable to adjudication for all of the parties. Mediation can also fail as a consequence of strategic behavior or attorney-client conflicts of interest. This article examines impediments to mediation success rooted in cognitive and social psychology, combining academic research on the psychology of bargaining and dispute resolution with mediation practice. The article examines how the overconfidence bias, the fundamental attribution error, the framing of risky choices, reactive devaluation, and concerns with interactional justice can impede mediation success to the detriment of the litigating parties. It also proposes actions mediators can take to mitigate these impediments and help the disputants to reach mutually acceptable settlement agreements.

Number of Pages in PDF File: 26

Keywords: Mediation, Negotiation, Psychology

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Date posted: March 21, 2005  

Suggested Citation

Korobkin, Russell B., Psychological Impediments to Mediation Success: Theory and Practice. Ohio State Journal on Dispute Resolution, Vol. 21, pp. 281-238, 2006; UCLA School of Law, Law-Econ Research Paper No. 05-9. Available at SSRN: http://ssrn.com/abstract=689261 or http://dx.doi.org/10.2139/ssrn.689261

Contact Information

Russell B. Korobkin (Contact Author)
UCLA School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
310-825-1994 (Phone)
310-206-7010 (Fax)
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