试论妨碍调解成功的当事人心理偏误及排除（On the psychological errors and exclusion of the parties hindering the mediation success）.doc

试论妨碍调解成功的当事人心理偏误及排除（On the psychological errors and exclusion of the parties hindering the mediation success） On the psychological errors and exclusion of the parties hindering the mediation success Author: Li Jing release time: 2011-04-28 11:05:19 From the perspective of psychology, mediation is a process of mental interaction between the judge and the parties, the judge is in ascertaining the facts, distinguish between right and wrong on the basis of the information transmission and actively guide, with the effective influence on the psychological state, the parties reached a settlement agreement in the process of the case to based on the correct cognition and evaluation on the. The negotiation conducted by the parties in order to reach a settlement agreement is a negotiation conducted by the parties on the basis of different interests. The purpose of the negotiation is to adjust the choice conflict between the parties when the option is assembled. Negotiation involves not only the cognitive process, but also a mixed motivation interaction, because negotiators make concessions to reach agreement and strive for better deals for themselves. [1] once the parties to reach a mediation agreement negotiations fail, means that the mediation failed, and this failure is largely due to the inability to overcome negative effects due to the formation of cognition, motivation, affective factors and cognitive bias. Therefore, in the process of mediation, it is very important for the mediation to understand the psychological errors of the parties and take measures to eliminate them. Framing effect, attribution bias, overconfidence and reaction of depreciation is four kinds of psychological factors parties common errors, the first two belong to cognitive factors, after two belong to levels of motivation, the author will discuss the four kinds of psychological bias adverse effects on mediation, and on the basis of the mediation judge should the parties psychological bias measures.