Leveraging Cognitive Science When Mediating High-Stakes Commercial Cases
When mediation begins, all it takes is the first demand or offer to set the mood for the rest of the meeting.
The initial move can even dictate whether or not mediation will be a success or not. Over time commercial litigators evolve as their own experiences guide them and they begin to cultivate their own best practices, including the use of cognitive science to help with their strategies. This white paper reviews how cognitive science can affect perceptions and influence a way of thinking.
President of ThemeVision LLC, a trial consulting firm affiliated with Barnes & Thornburg LLP, where he is a partner
Attorney and a psychologist
Over the course of two decades, he combined these fields in his jury research practice
Selected juries in state and federal cases, both civil and criminal, in jurisdictions across the country
Personally interviewed thousands of mock jurors over the course of his career
Ph.D. and law degree, University of Nebraska
Amit Patel is a jury consultant who combines his background in law and psychology to provide clients with a comprehensive approach to jury selection and analyzing cases.
Mr. Patel has experience facilitating focus groups, conducting mock trials, performing statistical analysis and publishing venue reports. He has written white papers on a variety of topics, including persuasion, deception detection, and social media in the courtroom. His paper entitled “Persuasion for the 21st Century Negotiator” serves as a practical negotiation guide for litigators and incorporates research into heuristics, or problem-solving; the role of apologies; counter-attitudinal advocacy; and the “laws” of persuasion.
With a background as a practicing attorney, Mr. Patel applies his experience as a corporate attorney and civil litigator in his current role as a jury consultant; he also has practiced family, employment and real estate law.
Mr. Patel received his B.S. in psychology from the University of Georgia. He earned his J.D. from Texas Tech University, followed by a master’s degree in social psychology from the University of Nevada, Reno.
He is member of the State Bar of Georgia, the American Society of Trial Consultants and the American Bar Association.
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