A group of Harvard Law students are blogging over at the Law & Mind Blog. Here is one of their posts about a chapter by Situationist Contributor Emily Pronin and Kathleen Kennedy (forthcoming in from Situationist Contributor Jon Hanson’s book, “Ideology, Psychology, and Law”). The post is authored by HLS student Michael Lieberman.
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In their chapter, Bias Perception and the Spiral of Conflict, Kathleen Kennedy and Emily Pronin examine what they see as a major cause of breakdowns in negotiation, both small- and large-scale: a tendency of each side to view the other side’s position as biased and preference-driven (rather than based on objective facts). Kennedy and Pronin explain that we tend to see signs of bias all around us – some even posit that United States Supreme Court justices fall short of impartiality in their decisions. The only place, it seems, where the tendency to detect bias is weak is in ourselves: people have a tendency to perceive others as susceptible to the influence of biases while at the same time viewing themselves as relatively unaffected by those biases. That asymmetry has been referred to as a bias blind spot. One example of this bias blind spot with particular relevance to those of us in law school is the widespread disagreement over the validity of high-stakes standardized tests, such as the LSAT. High performers are inclined to resent the “obvious bias” of poor performers who claim that the test is invalid and should not be used; poor performers, by contrast, are inclined to resent the “obvious bias” of high performers who champion the tests’ use.
The first component of Kennedy and Pronin’s bias-perception conflict spiral is that disagreement leads to an even stronger perception that the other side is biased. That is, when people disagree, they view those with whom they disagree as biased or, more specifically, as unable or unwilling to view things as they are in “objective reality.” The reason is clear: “people generally have complete faith in the veridicality of their perceptions, and thus are suspicious of those who fail to share their perceptions.” Kennedy and Pronin offer support for this component with a review of several experimental and real-world cases of the tendency to perceive bias in action, including an experiment conducted among partisans involved in the struggle between Unionists and Nationalists in Northern Ireland, in the wake of the “Good Friday Agreement” that established the conditions for peace in that region. Consistent with their hypothesis, partisans in the conflict tended to feel that those who led the opposing side were more prone to these biases than were those who led their own side.
The second component of the model is that the perception of the other side as biased leads to competitive and aggressive action, as opposed to cooperative and peaceful action. When dealing with an opponent whom one views as unable or unwilling to see things objectively, one may conclude that cooperative efforts (such as sitting down to talk things out, or providing relevant facts and arguments) are unlikely to be successful. The authors again cite several studies supporting the idea that people are likely to choose their responses to their opponents based at least in part on their assessment of the other side’s capacity for objectivity versus inclination towards bias.
Having outlined the framework of the bias-perception conflict spiral, Kennedy and Pronin proceed to apply their concept to the field of negotiation, both explaining when and how the spiral rears its ugly head and offering potential ways to stop it in its tracks. As the above outline would suggest, people seem to view their adversaries in negotiation as prone to bias, and that perception of bias leads them to act competitively in a way that interferes with efficient dispute resolution. After reviewing the weaknesses of strategies suggested by past research (perspective taking, epistemic motivation, and social grouping) Kennedy and Pronin suggest three strategies of their own to help achieve increased success in negotiations (strategies that may require bringing in a third-party mediator):
1. Non-counterarguing listening – Counterarguing listening, which the authors suggest most people engage in, involves thinking about ways in which one’s own position is superior and preparing counterarguments while an opponent is speaking. that can be leveled against the opposition when it is one’s chance to reply. An alternative to that listening approach would allow individuals to truly hear the other person by suppressing impulses to counterargue that content, so that individuals might reach a better understanding of their opponent’s actual position and of its underlying subtleties.
2. Introspective education – This strategy works to induce individuals to see themselves as less objective. By recognizing their own capacity for bias, individuals might be better equipped to resolve their conflicts peacefully once they realize that the other side, while biased, is no more biased than oneself and, therefore, likely has some rational reasons for believing what they believe. A mediator can implement this strategy by educating individuals on the psychology of implicit biases and providing them with concrete demonstrations of their own implicit attitudes (by administering the IAT, for example).
3. Temporal distance – Kennedy and Pronin explain: “Manipulating adversaries’ temporal distance from a conflict situation may also work to alleviate the bias-perception conflict spiral. Temporal distance (how far into the future an event is), as well as physical and social distance (how geographically distant or socially removed an event is), can increase the extent to which individuals see events in more global, indirect, or abstract terms,” which allows adversaries to adopt a cooler perspective toward the situation, including toward the disagreement itself and the opposing party. which might lead them to be more open to acknowledging both their own biases and their adversaries’ objectivity. Resulting reductions in individuals’ perceptions of either the size of their disagreement or the extent to which they are uniquely objective could interrupt or prevent the bias-perception conflict spiral.
In sum, Kennedy and Pronin’s framework focuses on the tendency of individuals to impute bias to others, especially others who disagree with them, and on the consequences of that tendency for conflictual behavior. Their examination of the psychological forces behind the conflict spiral, as well as their suggestions for overcoming it, offers valuable insight to the field of negotiation and mediation, which is particularly useful in a world that is so often divided into opposing interests and groups.
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Go to the Law and Mind Blog here.
Related Situationist posts:
- Sarah Palin a Naive Cynic?
- “Motivated Skepticism,”
- “Naive Cynicism,”
- “Holier Than Thou,”
- “The Situation of Polarization,”
- “The Situation of Political and Religious Beliefs?,”
- “Biased? I know you are but what am I?,”
- “The Situation of Biased Perceptions,”
- “I’m Objective, You’re Biased.”
- “The Great Attributional Divide,”
- “Naive Cynicism,”
- “Legal Academic Backlash – Abstract,”
- “Emily Pronin on the Situation of Bias,”
- “Asymmetric Introspection and Extrospection,” and
- “The Situation of Polarization.”