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Addressing predictable irrationality: insights from practice
The traditional repertoire of techniques available to mediators is well-suited to assisting negotiators in resolving their disputes where those negotiators are acting in a manner approximating axiomatic rational behaviour. These techniques rely on parties acting in this manner and effectively and ac...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2019
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| _version_ | 1867613206132817921 |
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| access_status_str | Open Access |
| author | Watson, Robert |
| author2 | Bassuday, Kershwyn |
| author_browse | Bassuday, Kershwyn Watson, Robert |
| author_facet | Bassuday, Kershwyn Watson, Robert |
| author_sort | Watson, Robert |
| collection | Thesis |
| description | The traditional repertoire of techniques available to mediators is well-suited to assisting negotiators in resolving their disputes where those negotiators are acting in a manner approximating axiomatic rational behaviour. These techniques rely on parties acting in this manner and effectively and accurately uncovering, processing and calculating all the necessary information to make decisions in maximising their utility. Behavioural-Economists have made great progress in illustrating that human beings do not follow these axioms when making economic-decisions and have identified a number of ways in which we predictably deviate from that expectation of behaviour. These deviations can have significant effects on negotiations and mediation. This disjuncture between expected and actual behaviour provides us with an opportunity for development of additional techniques which can supplement our existing mediation-tools where appropriate. In their practice, experienced mediators have had to respond to these unexpected behaviours and have developed their own strategies for doing so. This learned-knowledge represents a rich potential source of strategic knowledge. Through a series of interviews, these lessons were distilled and, encompassing a brief theoretical discussion, an overarching strategy for interventions in such circumstances was identified. This paper represents a modest attempt at addressing this disjuncture and it is submitted that further opportunities for development exist. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/29674 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:27.580Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/29674 Addressing predictable irrationality: insights from practice Watson, Robert Bassuday, Kershwyn Dispute Resolution The traditional repertoire of techniques available to mediators is well-suited to assisting negotiators in resolving their disputes where those negotiators are acting in a manner approximating axiomatic rational behaviour. These techniques rely on parties acting in this manner and effectively and accurately uncovering, processing and calculating all the necessary information to make decisions in maximising their utility. Behavioural-Economists have made great progress in illustrating that human beings do not follow these axioms when making economic-decisions and have identified a number of ways in which we predictably deviate from that expectation of behaviour. These deviations can have significant effects on negotiations and mediation. This disjuncture between expected and actual behaviour provides us with an opportunity for development of additional techniques which can supplement our existing mediation-tools where appropriate. In their practice, experienced mediators have had to respond to these unexpected behaviours and have developed their own strategies for doing so. This learned-knowledge represents a rich potential source of strategic knowledge. Through a series of interviews, these lessons were distilled and, encompassing a brief theoretical discussion, an overarching strategy for interventions in such circumstances was identified. This paper represents a modest attempt at addressing this disjuncture and it is submitted that further opportunities for development exist. 2019-02-19T13:14:02Z 2019-02-19T13:14:02Z 2018 2019-02-19T11:04:29Z Master Thesis Masters LLM http://hdl.handle.net/11427/29674 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Dispute Resolution Watson, Robert Addressing predictable irrationality: insights from practice |
| thesis_degree_str | Master's |
| title | Addressing predictable irrationality: insights from practice |
| title_full | Addressing predictable irrationality: insights from practice |
| title_fullStr | Addressing predictable irrationality: insights from practice |
| title_full_unstemmed | Addressing predictable irrationality: insights from practice |
| title_short | Addressing predictable irrationality: insights from practice |
| title_sort | addressing predictable irrationality insights from practice |
| topic | Dispute Resolution |
| url | http://hdl.handle.net/11427/29674 |
| work_keys_str_mv | AT watsonrobert addressingpredictableirrationalityinsightsfrompractice |