scholarly journals Conflict before the courtroom: challenging cognitive biases in critical decision-making

2020 ◽  
pp. medethics-2020-106177
Author(s):  
Harleen Kaur Johal ◽  
Christopher Danbury

Conflict is an important consideration in the intensive care unit (ICU). In this setting, conflict most commonly occurs over the ‘best interests’ of the incapacitated adult patient; for instance, when families seek aggressive life-sustaining treatments, which are thought by the medical team to be potentially inappropriate. Indeed, indecision on futility of treatment and the initiation of end-of-life discussions are recognised to be among the greatest challenges of working in the ICU, leading to emotional and psychological ‘burnout’ in ICU teams. When these disagreements occur, they may be within the clinical team or among those close to the patient, or between the clinical team and those close to the patient. It is, therefore, crucial to have a theoretical understanding of decision-making itself, as unpicking misalignments in the family’s and clinical team’s decision-making processes may offer strategies to resolve conflict. Here, we relate Kahneman and Tversky’s work on cognitive biases and behavioural economics to the ICU environment, arguing that these biases could partly explain disparities in the decision-making processes for the two conflicting parties. We suggest that through the establishment of common ground, challenging of cognitive biases and formulation of mutually agreeable solutions, mediation may offer a pragmatic and cost-effective solution to conflict resolution. The litigation process is intrinsically adversarial and strains the doctor–patient–relative relationship. Thus an alternative external party should be considered, however mediation is not frequently used and more research is needed into its effectiveness in resolving conflicts in the ICU.

2006 ◽  
Vol 130 (5) ◽  
pp. 613-616 ◽  
Author(s):  
Roger E. McLendon

Abstract Context.—A significant difficulty that pathologists encounter in arriving at a correct diagnosis is related to the way information from various sources is processed and assimilated in context. Objective.—These issues are addressed by the science of cognitive psychology. Although cognitive biases are the focus of a number of studies on medical decision making, few if any focus on the visual sciences. Data Sources.—A recent publication authored by Richards Heuer, Jr, The Psychology of Intelligence Analysis, directly addresses many of the cognitive biases faced by neuropathologists and anatomic pathologists in general. These biases include visual anticipation, first impression, and established mindsets and subconsciously influence our critical decision-making processes. Conclusions.—The book points out that while biases are an inherent property of cognition, the influence of such biases can be recognized and the effects blunted.


Author(s):  
David Raba ◽  
Rafael D. Tordecilla ◽  
Pedro Copado ◽  
Angel A. Juan ◽  
Daniel Mount

Looking for an accurate and cost-effective solution to measure feed inventories, forecast the feed demand and allow feed suppliers to optimize inventories, production batches, and delivery routes.


Author(s):  
C. Cosmi ◽  
S. Di Leo ◽  
S. Loperte ◽  
F. Pietrapertosa ◽  
M. Salvia ◽  
...  

Sustainability of energy systems is a common priority that involves key issues such as security of energy supply, mitigation of environmental impacts - the energy sector is currently responsible for 80% of all EU greenhouse gas emissions (European Environment Agency, 2007), contributing heavily to the overall emissions of local air pollutants - and energy affordability. In this framework, energy planning and decision making processes can be supported at different stages and spatial scales (regional, national, pan-European, etc.) by the use of comprehensive models in order to manage the large complexity of energy systems and to define multi-objective strategies on the medium-long term. This Chapter is aimed to outline the value of model-based decision support systems in addressing current challenges aimed to carry out sustainable energy systems and to diffuse the use of strategic energy-environmental planning methods based on the use of partial equilibrium models. The proposed methodology, aimed to derive cost-effective strategies for a sustainable resource management, is based on the experiences gathered in the framework of the IEA-ETSAP program and under several national and international projects.


BMJ Open ◽  
2019 ◽  
Vol 9 (8) ◽  
pp. e026579
Author(s):  
Momoko Sasazuki ◽  
Yasunari Sakai ◽  
Ryutaro Kira ◽  
Naoko Toda ◽  
Yuko Ichimiya ◽  
...  

ObjectiveTo delineate the critical decision-making processes that paediatricians apply when treating children with life-threatening conditions and the psychosocial experience of paediatricians involved in such care.DesignWe conducted semistructured, individual face-to-face interviews for each participant from 2014 to 2015. The content of each interview was subjected to a comprehensive qualitative analysis. The categories of dilemma were extracted from a second-round content analysis.ParticipantsParticipants were board-certified paediatricians with sufficient experience in making decisions in relation to children with severe illnesses or disabilities. We repeated purposive sampling and analyses until we reached saturation of the category data.ResultsWe performed interviews with 15 paediatricians. They each reported both unique and overlapping categories of dilemmas that they encountered when making critical decisions. The dilemmas included five types of causal elements: (1) paediatricians’ convictions; (2) the quest for the best interests of patients; (3) the quest for medically appropriate plans; (4) confronting parents and families and (5) socioenvironmental issues. Dilemmas occurred and developed as conflicting interactions among these five elements. We further categorised these five elements into three principal domains: the decision-maker (decider); consensus making among families, colleagues and society (process) and the consequential output of the decision (consequence).ConclusionsThis is the first qualitative study to demonstrate the framework of paediatricians’ decision-making processes and the complex structures of dilemmas they face. Our data indicate the necessity of establishing and implementing an effective support system for paediatricians, such as structured professional education and arguments for creating social consensus that assist them to reach the best plan for the management of severely ill children.


2019 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Brian Hay

Purpose The purpose of this paper is to investigate the impact of two micro trends on the future marketing functions of national tourism organisations (NTOs): the increasing power of individuals and the irreverence of NTO’s current marketing functions. Design/methodology/approach Through a discussion of the literature driving the two identified micro-trends, a number of supportive sub-micro trends were also identified and explored. Findings The paper concludes that NTO’s have failed to recognise the growing distrust of monolithic organisations. NTO’s seem to be more concerned about their own survival, rather than providing a service to both their citizens and tourists. Also NTO’s have failed to acknowledge that tourists are much more confident in making their own decisions, based on marketing information from their own trusted “closed friendship groups”, rather than relying on NTO’s. Research limitations/implications The paper is based on a discussion of issues from only two micro-trends, but tourist decision-making processes may be more complex than suggested. Practical implications The paper concludes that in the near future there will be an increasing rejection of NTO’s marketing information, and in the longer term this may result in the demise of NTO’s. However, if NTO’s are to survive, it suggests two actions they could take to ensure their future relevance to both its citizens and tourists. Social implications Questioning whether national/state organisations always act in the best interests of its citizens, challenges the trust in NTO’s. The paper suggests that NTO’s recognise that their power relationships are more strongly linked to ideals of nationhood and endorsement by their international peers, rather than providing services to tourists. Originality/value This paper questions the implicate assumption that NTO’s should be a trusted source of marketing information. It suggests that NTO’s have failed to recognise the changing methods tourist use to help in their decision making.


2020 ◽  
pp. 1388-1408
Author(s):  
Asim Sinan Yuksel ◽  
Ibrahim Arda Cankaya ◽  
Sadi Fuat Cankaya

Creating and updating meal tags, printing them on small-sized papers raise the costs, cause workload and affect the service quality negatively at the hotels with all-you-can-eat buffet system. Over the last few years, we have seen that many hotels started to make use of tablets to improve the service quality, decrease the costs, provide customers ability to order foods, make reservations, manage their rooms, etc. Going paperless and including more features by adopting new technologies increase the quality of service, help customer's and staff's decision-making processes more effective, improve customer and service personnel experience. In this chapter, authors designed and developed a flexible, cost effective, easy-to-use, customer-friendly and staff oriented paperless buffet management system for the restaurants that have all-you-can-eat buffet. Through this system, they aimed to achieve enhanced customer service, increased efficiency and customer satisfaction; save time, paper and printing costs; provide environmental benefits and efficient buffet management.


Author(s):  
Sandrine Prom Tep ◽  
Maya Cachecho ◽  
Évelyne Jean-Bouchard

In recent years, firms that rely on fintech to develop and deliver financial products and services have become increasingly important in the banking and financial sector. Nevertheless, fintech products raise various ethical and legal issues, particularly relating to consumer rights. These issues can be analyzed in the light of behavioral law and economics which suggest that prevalent cognitive biases systematically affect the judgment of individuals. To mitigate this bounded rationality, it is possible to guide the decision-making processes through the use of nudges and configured sets of choices. A good example is fintech gamification, defined as the use of game-related mechanisms in other areas, particularly websites or social networks. However, the use of nudges for commercial purposes is often associated with some form of manipulative tactics explicitly aimed at exploiting individuals' biases without their consent. In this context, recourse to the law is useful as it provides for the minimum requirements needed to regulate the relationship between a firm and its customers.


Legal Studies ◽  
2021 ◽  
pp. 1-24
Author(s):  
Georgina Dimopoulos

Abstract Decisional privacy offers individuals the freedom to act and to make important decisions about how they live their lives, without unjustifiable interference from other individuals or the state. Children's perceived vulnerability, incapacity for rational decision-making and dependence on adults have been used to justify depriving children of decisional privacy rights and subjecting them to the exercise of adult power over the conditions of their lives. The aim of this paper is to articulate a theory of children's decisional privacy. It is argued that decisional privacy is valued as a condition that enables individual autonomy. A relational, gradual conception of autonomy is advanced, to explain how children can be recognised as having the capacity for autonomy, and in some circumstances, actual autonomy. This paper presents four fundamental principles of a children's rights approach to decisional privacy, which collectively serve to enhance children's meaningful participation in decision-making about their best interests, consistently with children's evolving capacities and the receipt of appropriate parental direction and guidance. The theory developed in this paper presents an opportunity for adult decision-makers to reflect upon how they make decisions for and about children, and how children can play a meaningful role in those decision-making processes.


Author(s):  
Roy Lindelauf

AbstractCommonly used game and decision theoretic models fail to explain the empirics of deterrence. This has unjustly led many theorists to criticize the (rationality and other) assumptions underpinning of such models. No serious game theorist will contend that his theoretic model will possibly take account of all the peculiarities involved in decision making and therefore be an accurate model of such situations. Games are an aid to thinking about some of the aspects of the broader situation. Game theory models prescribe what a decision maker ought to do in a given situation, not what a decision maker actually does. To maintain nuclear strategic stability, it is of paramount importance to understand the dynamical interplay between all players involved in decision making processes with regard to nuclear strategy. History has shown some progress in understanding nuclear deterrence by the use of initial game- and decision theoretic models to alleviate the burden of human cognitive biases. Since it is highly likely that (semi-)autonomous systems will in some way participate in the future nuclear strategic landscape, combined with the fact that the nuclear deterrent decision-cycle will also be based on algorithmic analysis, rational deterrence theory is and should be an integral element of strategic thinking about nuclear deterrence. That, or it might as well be game over.


2020 ◽  
Vol 12 (2) ◽  
pp. 31-52
Author(s):  
Michał Chmielecki

AbstractObjective: The purpose of this paper is also to thoroughly review those studies in the management literature that focused on bias in negotiation and to ascertain a couple of new research trajectories that could be observed as the result. As a matter of fact, a human’s judgment making capacity and behavior could be greatly influenced by cognitive misperceptions thus affecting decisions in negotiations. Whilst Thompson (2006) analytically examined the effects of biased decision-making processes for negotiations, the intention of this paper is to fill the gap through a systematic assessment of the literature.Methodology: I have provided a theoretical background on decision makers’ cognition in this paper to provide context and introduce the research; after which we take a closer look at the literature and discuss its results. Based on this, I noted that limited research, with alternate results were done based on the interaction between biases bothering on mood, culture, personality as well as education and experience on the negotiators’ judgments. Finally, we suggest that future research trajectories might be on multilateral and integrative negotiations, the role of third parties and a better comprehension of the cognitive bias and how to rise above it in negotiations.Findings: Despite the fact that this topic is considered important, it is surprisingly under-researched. Author was able to identify the void and inadequacies of the literature identified in journal articles systemizing the intersection of negotiation studies, from cognitive biases studies, group decision making and from the decision making and judgment literature.Value Added: This paper showed that there are only a handful of papers that focus on why, how and when cognitive biases influence negotiation process.Recommendations: There is a great need for papers that focus on cognitive biases in the negotiation process.


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