Hey, asshole, your “cognitive biases” are showing – Pynchon’s new book adds to SLABBED discussion of cognitive maps

We’ve all got one and we can all be one – but  “an ‘asshole’ is not a person but a behavior“, according to  blogroll friend of SLABBED and author of “A is for Asshole: The Grownups’  ABC’s of Conflict Resolution”, Vickie Pynchon.

“We are all blinded by the part we play in disputes” – Amen!  “Asshole” is a behavioral tango – “not one person but two” with  cognitive biases: “something that our minds commonly do to distort our own view of reality”.

Resolving conflict requires taking the blinders off and accept mutual responsibly for both the conflict and its resolution.  Ouch!  It’s so much easier to keep blinders on and see a conflict as “the other guy’s fault” – a “fundamental attribution error” cognitive bias:

“over-attributing intention and under-attributing circumstance to another’s harm-causing behavior while over-attributing circumstance and under-attributing intention to our own harm-causing behavior”

Although each a form of cognitive bias, “clustering illusions” – “seeing patterns where none exist” – and “confirmation bias” – “selecting from a vast amount of data only that which confirms our pre-existing opinions” – feed “fundamental attribution errors“.

What researchers have found is that whenever someone else’s behavior causes us harm, we tend to assume that person intended to cause us the harm we experience or, at a minimum, caused us harm by virtue of their carelessness in regard to our well-being.

Pynchon, an accomplished professional “neutral”, readily admits “mistakes about the intentions and motivations” of another and “the constraints under which they are working” happen in both personal and professional relationships – and, setting aside the personal, we move to a brief review of the asshole behavior and cognitive biases evident in Katrina-related litigation. Continue reading “Hey, asshole, your “cognitive biases” are showing – Pynchon’s new book adds to SLABBED discussion of cognitive maps”

Allstate files Answer in Branch – and this I couldn’t make up!

My calendar was marked with the due date for Allstate’s Answer to the Branch SAC (Second Amended Complaint); and, given the Allstate Motion for Extension of Time…and…Page Limits, I expected the “good hands” to mix things up:

In its notice of nonintervention filed in Denenea, the Government stated that ‘with the addition of Allstate as a defendant in Branch Consultants, the question of whether the jurisdictional bar under 31 U.S.C. § 3730(b)(5) is triggered as to either the relator in Denenea or the relator in Branch Consultants arises’…Allstate seeks a ten day extension of the deadline for it to respond to the SAC so that Allstate may address the impact of the Denenea action on the viability of the SAC’s claims against Allstate…

Allstate also respectfully moves for an extension of the page limit…In addition to the issues raised by the Denenea action, Allstate’s motion will address the first-to-file, res judicata, and law of the case issues raised by the Rigsby complaint and this Court’s and the Fifth Circuit’s prior rulings dismissing Allstate under the first-to-file rule.”

Allstate, however, did more than just mix things up.  The Company’s Answer to the Branch complaint reads as if Abbott and Constello were heading Allstate’s legal team and offering who-filed-first as a defense! Continue reading “Allstate files Answer in Branch – and this I couldn’t make up!”