Looking My Way: Thinking Fast and Slow... and Mediator Sense

摘要

Each case is unique and calls upon a wide variety of tools. Mediators are invitees into the gravitas of human tragedy or economic conflict and must remain conscious of their status as brief guests in the story of the disputants. Mediation is a complex, non-linear system. Mediator Sense navigates the various approaches and expectations of mediation to facilitate effective choices by humans acting under stress and uncertainty. Professor Kahne-man has provided the scientific framework to explain Mediator Sense. Mediators focus their System 1 and System 2 processes in response to what is happening at the table. Mediators have seconds to react and form an appropriate response to participant statements and actions. System 1 recognizes the patterns and cues from prior experience and formulates a rapid response which System 2 then filters and modifies to refine it to the unique dynamics at play. Awareness of cognitive distortions becomes integrated into the Mediator Sense, so that as experienced practitioners we have automatically adjusted or substituted some tactics or selected a particular way to frame the language to account for potential bias.