By Dr. Ken Broda Bahm: According to many recent reports, we now seem to be living in a “post-truth world.” With President Trump’s early statements, including some demonstrably false claims on his inauguration crowd-size as well as his relationship with the U.S. intelligence community, the phrase that seems to fit is the one that presidential advisor Kellyanne […]
Inoculate Against False Information Read More »
By Dr. Ken Broda Bahm: Damned if it isn’t true: People who swear are more honest, and perceived as more persuasive. According to a recent Psyblog post, that is indeed what the research shows. The most recent study on the subject (Feldman et al., 2017) looked at both self-reports as well as an analysis of Facebook communications
Drop Your Filters…in a Few Safe Ways Read More »
By Dr. Ken Broda Bahm: Most civil cases these days will end, not in a courtroom, but at a settlement table. Many will do so after just the right amount of time and resources invested during discovery to discover the case’s true worth. But for many other cases, that investment of time and resources won’t
Know (and Use) the Cognitive Biases of Mediation Read More »
By Dr. Ken Broda Bahm: If you would like more confidence, and if you’ve seen Amy Cuddy’s widely-viewed TED talk, then maybe you’ve tried the “power pose.” Legs apart, head straight and tall, hands on hips or arms raised above your head — it is a posture we often see people naturally adopt after winning
Don’t Trust Power Poses Read More »
By Dr. Ken Broda Bahm: In a research article now available The Jury Expert (Valez, Neal & Kovera, 2016), three experts in trial psychology provide an overview of the research on persuasion relating to expert witness testimony. For experts and those who hire them, the article along with several responses which follow the article are worth
Be a Persuasive Expert, at Both the Core and the Periphery Read More »
By Dr. Ken Broda Bahm: You’re working your way through discovery. Your arguments and themes for trial are taking shape. By the time you’re in front of the jury, you’ll know what to say. But first there’s a mediation. Now you need to refashion your persuasive appeals for a different purpose. Your mediator is not a judge
Frame Your Arguments for Mediation Read More »
By Dr. Ken Broda Bahm: Let’s say that you are facing a creative challenge and you need to come up with a great idea. Do you retreat, take your time, think it through and then come back with a winner? Or do you seize the chance to be quick on your feet and start spitballing ideas
Be Quick (and Not Just Smart) Read More »
By Dr. Ken Broda- Bahm: This blog is written in Arial font. While I can’t fully control the fonts it shows up in when it travels out in various forms of syndication, for the version that lives on my, I like Arial. It is a contemporary San Serif font that is pretty simple and clean, and in
By Dr. Ken Broda Bahm: As the juror sits in the jury box hearing the case, she is not just rationally deciding who has the better position. She is also applying and maintaining her own self-concept. The implicit question she is asking herself is, “Am I the kind of person who would approve or condemn this?”
Expect Jurors to See Themselves as More Moral than Average Read More »
By Dr. Ken Broda Bahm: During voir dire, the traditional questions designed to expose bias tend to focus on the existence or nonexistence of a biasing attitude or experience. Have you formed any beliefs about the defendant’s guilt or innocence? Do you believe drug companies are more concerned with profits rather than people? In truth, these
To Elicit Bias, Ask About Leaning Read More »