Mark your calendars! Don Philbin, contributor of this blog, will host next week an interesting Webcast entitled “Deal or No Deal: Leveraging Information to Overcome Psychological Barriers to Efficient Deals.” Following is the program description: Using newly-developed computer animation models and traditional decision trees, we will explore the interactive use of outcome scenarios as a [...]
By Don Philbin As a student of decision errors in litigation, I was happy to see another empirical study come out this week confirming what we already know with increasing confidence – even well-trained lawyers are subject to the cognitive errors that throw humans’ calibrations off target. We all have to be confident to get [...]
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The November 2009/January 2010 edition of the Dispute Resolution Journal features “Decisional Errors: Why We Make Them and How to Address Them” written by Disputing‘s contributor Don Philbin. Find Don’s excellent article here. On a related note, Don has recently started sharing his well-known Tweets at his new blog ADR Highlight Reel. Check it out! [...]
Continue reading about Dispute Resolution Journal Article: Decisional Errors
We invite you to read the Harvard Negotiation Law Review lead article entitled “Decisional Errors – On the Field, On the Bench, In Negotiations” written by Disputing’s blog contributor Don Philbin. Needless to say, anything Don writes is worth reading. Find the full article here. Technorati Tags: ADR, law, negotiations addthis_url = ‘http%3A%2F%2Fwww.karlbayer.com%2Fblog%2F%3Fp%3D6125′; addthis_title = [...]
By Don Philbin In this week’s The New Yorker, one of my favorite writers explores how “optimistic overconfidence” contributed to the quick downfall of the mighty Bear Stearns. Malcolm Gladwell, author of Blink, The Tipping Point, and Outliers, chronicles the meteoric rise of Jimmy Cayne, copier salesman turned professional bridge player turned investment banker, to [...]
Continue reading about GUEST-POST: The Psychology of Overconfidence and Mediation


Law Review Article | Still Litigating Arbitration in the Fifth Circuit, But Less Often
We invite you to read Donald R. Philbin, Jr. and Audrey Lynn Maness‘ latest Fifth Circuit law review article, Still Litigating Arbitration in the Fifth Circuit, But Less Often, 42 Tex. Tech L. Rev. 551 (2010). Here is an excerpt: Arbitration remains under national klieg lights. It has “become a wide-ranging surrogate for civil litigation” [...]
Continue reading about Law Review Article | Still Litigating Arbitration in the Fifth Circuit, But Less Often