Are we pleasure seekers or pain avoiders?

Think about it...

You're on your way to a meeting, and a beautiful band is playing in the public park. What's the odds you'll stop to listen for the pleasure of it?

How about if you're on your way to a meeting, and you remembered you may not have locked your car. What's the odds you'll walk back to your car to avoid the pain of losing it?

Most people, faced with the prospect of seeking pleasure, may or may not grab the opportunity. Faced with the prospect of avoiding pain, however, they usually respond.

This is an interesting element of humanity, and one that can explain why some cases get settled and others don't. If it's a matter of getting a settlement now (pleasure) as opposed to getting a bigger settlement later, chances are a party may opt to wait. This is more so if there is no urgency for the party concerned.

However, faced with the prospect of limiting the loss now, as opposed to facing a much bigger loss later, parties who are financially able may opt to limit the loss to avoid the pain and uncertainty of a later verdict. This is the entire basis on which the insurance industry is built, pay now (medical premiums) to avoid a bigger pay later (hospitalisation costs).

Understanding this basic psyche can help mediators structure and suggest settlements. When 1 party sees it as merely a case of winning small now vs winning big later, his gambling instincts may motivate him to maintain the dispute. Somehow, a mediator needs to point to the fact that prolonged disputes is a pain for both sides, regardless of the outcome. If the pain is adequately painted, the settlement becomes so much closer.

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