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Unattractive? Ugly? Maybe you should settle your lawsuit…

A recently published study by Cornell University indicated that “ugly” or unattractive people who are defendants in criminal trials are 22% more likely to be found guilty and are given longer sentences on average (22 months longer) than attractive people.  The scientists conducting the study tried to look at why this occurs.  Study co-author Justin Gunnell said:

Information processing can proceed through two pathways, a rational one and an experiential one. The former is characterized by an emphasis on analysis, fact and logical argument, whereas the latter is characterized by emotional and personal experience.  Our hypothesis was that if we identify the two groups, then the experiential people are more likely to focus on extralegal factors, which shouldn’t have any bearing on the legal process.  Attractiveness was the variable we used.

The study confirmed what it referred to as an “unattractive harshness effect.”  Jurors who processed information in more of an “experiential” manner were the ones who gave longer sentences and were more likely to convict.

Psychologists and sociologists have long known of the advantages which more attractive people have:  they are more likely to be hired and are generally paid more than less attractive people.  Hollywood is practically defined by attractiveness.

Most lawyers will say that the outcome of many trials hinges on how well the jurors or judge “like” the litigants, lawyers and witnesses who appear in front of them.  The trier of fact gives credibility or believes who they think is more attractive.

As I’ve indicated many times, settling a lawsuit or divorce matter is almost always in the best interests of all parties due to the unknowns of trial.  Part of the unknown results from human biases, some of which were detailed in this study.  We all like to think of a trial as “justice” but the reality sometimes is that it is a popularity or beauty contest.

If you would like to consider mediation to resolve your lawsuit or divorce, please feel free to contact me to discuss your situation further.

See a Real Mediation in Action

Most of my regular readers know I almost never have “war stories” of my mediations on this blog.  The primary reason why is confidentiality.  When my clients enter a mediation, they have an absolute expectation that what is said in the mediation room stays in the mediation room.  They do not expect their dirty laundry to be aired over the internet, even if carefully camouflaged by changing or omitting the names of the parties.  This level of confidentiality also makes it harder to market mediation.  How can I easily explain mediation by example?  There are plenty of law and court based television shows, but almost no mediation shows.

The Maryland Mediation and Conflict Resolution Office (MACRO) does an excellent job of marketing mediation.  To this end, they have produced an excellent video on different types of mediation.  The mediations feature actual disputants who have waived their confidentiality privilege and touch on different areas of mediation (commercial/business cases, divorce, family, community and peer [students in school]).  The common misconception about mediation is everything sitting around a campfire singing Kumbaya and wondering why we can’t all get along.  While most mediations are civil, the reality, as you can see in the video, is that mediations often involve difficult discussions, difficult decisions and facing the issues directly with your adversary.  The results of the process are usually a better relationship — even if it means ending it on better terms.

The video is in .wmv format and can be viewed by clicking here.

Please contact me to find out is mediation is right to resolve your divorce, family and elder issues or commercial dispute.