Confirmation Bias

Teaching dispute resolution typically includes making students aware of the many different biases that influence our views of conflicts and our decision making. I’ve been thinking quite a bit about confirmation bias during this election. According to the Oxford Dictionary, confirmation bias is “the tendency to interpret new evidence as confirmation of one’s existing beliefs or theories.” A prime example of this bias in operation during the election cycle is the decision about who won the second Presidential Debate. Republicans tended to state that Romney won, while Democrats typically called the debate in Obama’s favor.

There’s an interesting blog post about this phenomenon and satire on Social Psychology Eye, an associated site for Wiley-Blackwell’s review journal on Social and Personality Psychology. Even though the post is from April 2011, it has some good points to keep in mind in the next few weeks while we’re barraged by negative ads, phone calls, internet ads, etc. One great piece of advice is at the end of the post:

“Here is one tip for overcoming confirmation bias within yourself: When most people do ‘reality testing’ they seek information that confirms their existing views are correct. Instead, try to do the opposite. Try to find evidence that argues against your existing views. It may be uncomfortable, but it can be more likely to lead to information that is accurate rather than just comforting.”

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Lawyering on the Right Side of the Brain

There has been quite a bit of news lately on neuroscience and the law. The Law and Neuroscience Blog specifically focuses on the topic, discussing everything from lying to U.S. Supreme Court decisions which cite neuroscience research. This trend enhances the right brain vs. left brain discussions that have been around for decades. While modern technology is challenging some of those assumptions, recent studies have taken the right brain vs. left brain discussion into politics. Right brain functions are typically identified as more creative, while the left side of the brain is often identified with analytical skills, logic, and other functions one might typically associate with skilled lawyers.

This blog post from the ABA showcases a lawyer who tapped into both sides of his brain and filed a cartoon amicus brief opposing a price-fixing settlement between the DOJ and three e-book publishers. While in the end the federal judge approved the settlement, she quoted Emily Dickinson in the ruling.

Curious about your own right brain/left brain tendencies? There are many tests on the web; this test from the Art Institute of Vancouver provides a detailed analysis focused on creativity. Want to tap into your creative side? Try Drawing on the Right Side of the Brain by Betty Edwards.

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