文章轉錄自Medical News Today（點此連結）；文章主要論述：在法律案件中，願意承擔錯誤的道歉有助於告訴雙方順利解決法律爭端，尤其在許多民事案件（包括監護權及醫療疏失），但雙方快速解決、誠意道歉對律師這第三方角色並不都是有益的，所以在法律訴訟中，何時採取道歉策略還是需要酌量的。有些研究是扭轉刻板印象的，有些研究是再度印證前人智慧，這篇文章正屬於後者的研究類型，告訴大家：誠實道歉為上策；但這篇文章在台灣，會是重申金科玉律的研究，但在美國，卻是扭轉根深蒂固的觀念；在美國，會被交代，若遇到可能上法庭的事千萬別先道歉，否則已先承認自己有錯就難以在未來翻案了，這和強調悔意的台灣社會有所不同。最後，文中提及，道歉需要承認錯誤與責任，而這會讓對方對你感到一絲人性，進而減少憤怒、接受原諒，這點，我想應該是中西皆然的。
A Simple Apology Could Fuel Settlement Of Legal Disputes
03 Jun 2010
Apologies may be good for more than just the soul, according to
research by a University of Illinois professor of law and of psychology.
Jennifer Robbennolt says her studies show that apologies can potentially
help resolve legal disputes ranging from injury cases to wrongful
firings, giving wounded parties a sense of justice and satisfaction that
promotes settlements and trims demands for damages.
"Conventional wisdom has been to avoid apologies because they amount to
an admission of guilt that can be damaging to defendants in court," she
said. "But the studies suggest apologies can actually play a positive
role in settling legal cases."
Robbennolt surveyed more than 550 people, gauging their reaction to
apologies offered during settlement negotiations in a hypothetical
injury case. She says apologies generally reduced financial demands,
increasing prospects for an agreement.
But the nature of the apology matters, according to a summary of her
findings that will appear in Court Review, a publication of the
American Judges Association. Apologies that accept fault have more
impact than apologies that merely express sympathy, but take no
responsibility
Robbennolt says apologies that accept blame can be powerful
psychologically, giving plaintiffs a sense of closure and accountability
that makes them less angry and more willing to forgive.
"The apology fulfills some of the goals that triggered the suit, such as
a need for respect, to assign responsibility and to get a sense that
what happened won't happen again," she said. "So receiving an apology
can reduce financial aspirations and make it possible for parties to
enter into discussions about settlement."
For defendants, apologies can reduce legal costs as well as damages
because cases may settle more quickly, said Robbennolt, who has studied
the legal implications of apologies for a decade.
While plaintiffs respond favorably to apologies, another study by
Robbennolt shows that lawyers react more in line with traditional
thinking - that apologies are an admission of guilt that can be used to
leverage bigger settlements.
She says lawyers may view apologies differently because of their
third-party view of the dispute, or because their training provides a
perspective on the legal value of apologies that lay people fail to
appreciate.
"Another possibility is the way in which the financial incentives of
attorneys and clients can diverge," Robbennolt said. "Settling cases
quickly can mean lower fees for attorneys paid on an hourly basis. Or if
the attorney is taking a contingency fee, that fee is smaller if cases
are settled for less. As some lawyers say, you can't take one-third of
an apology."
How those diverging views of apologies play out when lawyers and clients
mull settlements is unknown, she said, but could ensure a broad
analysis of pros and cons that benefits clients.
"The findings tell lawyers that clients seem to value apologies in ways
that lawyers don't, so they need to be sensitive to those differences,"
Robbennolt said. "At the same time, clients can benefit from getting
advice from someone who can help them fully understand all of the legal
implications so they can decide exactly how to respond to an apology."
She says courts are increasingly recognizing the potential for
apologies. Statutes that make at least some apologetic statements
inadmissible at trial are now on the books in 35 states, most enacted in
the last decade.
Because laws are relatively new, Robbennolt says, more research is
needed to gauge the impact of apologies, such as how they sway jury
awards, how those jury awards influence the offering of apologies and
whether early apologies can ward off lawsuits entirely.
"There's still a lot to learn, but based on the data we do have, it
appears apologies can be a viable strategy," she said.
Robbennolt says apologies could prove useful in a host of cases, from
medical malpractice and personal injury cases to employment, divorce and
custody disputes.
Whether apologies are a good defense strategy depends on the case, she
said. Cases where fault is clear-cut may offer the most potential, but
even then defendants need to weigh the possible benefits against the
risk that apologies could backfire and increase liability.
"It seems relatively clear that plaintiffs want apologies and it also
seems that defendants often want to apologize," Robbennolt said. "But
there's always a chance that an apology could make things worse. One of
the reasons this is such an interesting problem is because that looms so
large in the background."
Source:
Jan Dennis
University of Illinois at Urbana-Champaign
Article URL: http://www.medicalnewstoday.com/articles/190791.php
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