“Sometimes a litigant in person becomes obsessed with a certain ruling, or a certain observation of something, and completely misses the proverbial elephant in the room, or in the example cited above, the gorilla.
A good litigant will engage system 2. They will know not to rely or engage upon their initial thoughts generated by system 1, but instead to ‘sleep on it’, and to slowly and logically think things through.
I very much hope that I have given some food for thought. When you make decisions under pressure, or under extreme emotion, with a prospect of significant potential loss, mistakes can be made and it is good not to follow your heart and act intuitively, but to employ other modes of thinking to see the argument from different angles and in different ways, to re-check what you originally thought.
By doing so, your perception of right, might just be wrong….”
This blogpost will no doubt upset those who always think they are right, or know better. Worse still, those who have a certain outlook on life and an understanding of justice and truth, may find that their perception of things according to them, is not the same perception of matters considered according to a court of law.
It is aimed not only at litigants’ in person, but for those engaged and embroiled in litigation in the Courts of England and Wales.
According to Nobel prize winner Daniel Kahneman in his outstanding book, ‘Thinking, Fast and Slow’, which I highly commend you to read:
‘Social scientists in the 1970s broadly accepted two ideas about human nature. First, people are generally rational, and their thinking is normally sound. Second, emotions such as fear, affection, and hatred explain most of the occasions on which people depart from rationality’. (Kahneman D, 2011, p8)
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