Seattle University Collaborative Projects - International Academy of ...

All actors within the legal system must understand their subtle but effective influence to be ableto understand how to counteract them effectively. This presentation suggests approaches forcountering the biases in legal practice to enhance therapeutic outcomes in the law. Third-partyneutrals such as mediators also must be aware of the important role of cognitive biases, andProfessor Waldman’s presentation will address the subject from that point of view.Stress and the Legal System: Dispute Systems Design Principles to Enhance thePsychological Wellbeing of People Involved with the Legal SystemDaniel Toohey, Office of the Commissioner for Body Corporate and Community Management,Brisbane, Australia (daniel.toohey@justice.qld.gov.au)We are gaining a greater understanding of the impact of stress on our wellbeing and ourcognitive abilities. Dealing with legal disputes can be highly stressful. It is thereforeunsurprising that many participants in the legal system catch a ‘mental health cold’ during thecourse of their legal proceedings. This presentation discusses recent literature on the commonbehavioural effects resulting from stress and conflict. It then suggests some dispute systemsdesign principles that can be applied to adapt legal procedures to better suit our cognitive andemotional abilities.Part I of this paper will review neuroscience and other literature that explains the typicalconsequences of stress, including typical cognitive limitations caused by stress. Part 2 will thenoutline dispute systems design principles can be used to improve fairness and effectiveness byadopting procedures that help participants to better manage their stress and emotions. There willbe particular emphasis on the opportunities available to governments as they develop moreonline dispute resolution options.Views on the Integrative Study of Law and Human BehaviorLiesbeth Hulst, VU University (l.hulst@vu.nl)The legal system is designed to "govern, regulate and control" human behavior. Laws and legaldecisions are based on assumptions of human behavior. However, those assumptions may beinadequate. This paper focuses on how insights from the modern empirical behavioral sciencesmay enhance the understanding of people's behavior in relevant legal contexts. In addition, thepaper presents some personal views on differences and concerns when combining legal,normative perspectives with empirical behavioral approaches.468