ABSTRACT

In a mediation setting this sort of deception can take several forms and the mediator needs to be vigilant to its use. Bluffing and posturing are at the lower end of the spectrum whilst at the other extreme end one can find everything from evading issues, concealing and misrepresenting facts and other related points to plain outright lying. Since truth-telling is considered preferable to telling lies, most people are not well-practised liars and, as such, will need to work hard to control the undesirable feelings associated with deceiving. As a mediator becoming familiar with the signs that are displayed by deceivers will undoubtedly improve one's ability to discern the truth, or lack thereof and more importantly, help prevent it from continuing. In hindsight bias, what happens is that one's recall of an original confidence in the truth of an assertion is swayed by finding out that the assertion was indeed true or was in fact false.