Better Understanding Cognitive Biases in Mediation

A Natural Mechanism… but Sometimes Misleading

In mediation, it is essential to be aware of a phenomenon that affects all of us: cognitive biases. These automatic mental shortcuts constantly shape how we perceive situations. While they help us process information quickly, they can also distort our judgment. Learning to identify them—in ourselves and in others—is a key skill for improving communication and defusing tension.

Confirmation Bias: Seeing What We Want to See

One of the most common biases in mediation is confirmation bias. It refers to our natural tendency to give more weight to information that supports our existing beliefs, while ignoring anything that contradicts them.
For example, in a neighborhood dispute, someone might focus only on the testimonies that align with their own version of events, tuning out anything that challenges it.
Taking a moment to ask yourself, « What could prove me wrong in this situation? » helps open the door to a more honest dialogue.

Anchoring Bias: The First Impression Sticks

Another frequent bias is anchoring. This happens when the first information we hear has an outsized influence on how we interpret everything that follows.
Even if we later hear other perspectives, the first version tends to dominate our thinking.
In mediation, this can limit active listening and make it harder to fully understand the complexity of a situation.
It’s worth asking: « Am I still influenced by what I heard first? »

Availability Bias: The Power of Recent Memories

Availability bias leads us to overestimate the importance or frequency of things we remember easily.
For example, a mediator who recently handled several high-conflict separations might unconsciously expect the same dynamic in every new family case.
This mental shortcut can compromise the neutrality that’s vital in mediation.
Asking yourself, « Does this case remind me of a recent situation? » can help you step back and see things more clearly.

Cultivating a Clear and Compassionate Mindset

These biases are natural and universal. The goal isn’t to eliminate them, but to observe them with kindness and curiosity.
With regular self-awareness, we can strengthen our listening skills, create fairer spaces for all parties—and open the way to more peaceful conflict resolution.