Alternative Dispute Resolution
Apr. 14, 2012
The "Harding Effect" in mediation
Two things happen in mediation: the mediator influences the parties, and the parties influence the mediator.
In Malcolm Gladwell's book "Blink," he explores the manner in which people's almost instantaneous "visceral" perceptual reactions influence their decision-making process, for both good and bad. He also discusses how the use of language and images can powerfully affect those perceptions and alter behavior. I believe that Gladwell's observations have profound implications for the mediation process and in particular with respect to the subjective nature of the influence that mediators exert...
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