by Philip J. Glick, Esq.
When one mediates a dispute, it may surprise the mediator that the parties may be unwilling to objectively look at the case. Indeed, an intelligent person can choose to stick to a position that ignores obvious reality, possibly even in the face of advice of counsel to the contrary.
Why does this happen? I think it is a kind of pleasure principal at work. Indeed, it is immensely pleasing to justify one's actions, even where serious risk is created. One bathes in the glow of his or her own goodness and righteousness while the other side is perceived as trying to avoid responsibility and is guilty of legal, economic and moral wrong. It's like a theatrical production, with casting, choreography, and publicity all by the party who refuses to see the truth.Read More