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October 28, 2008

“Making Sense of Ambiguous Evidence,” Harvard Business Review, Ben Fredman (September 2008)

This one addresses important questions in both “obvious” courtroom proofs and advocacy in divorce.

At a glance, the article is an interview with documentary maker Errol Morris, who questions our assumptions — and perhaps even those of others who may hold our fates in their hands.

People look at a photograph and think, “Well, that’s obvious what it means. It’s obvious what it displays or depicts or portrays.” And it’s not at all obvious.... Somehow, if we see it, it must be the case....

But all this empirical information still doesn’t tell you what you’re looking at. You may think you know a lot about the photographs, but they don’t record what’s in people’s heads. They don’t record context. They don’t record why the photograph was taken of what is depicted.

That’s a problem. Because it subjects people to narratives that fall into “patterns of belief” which are both simpler to accept (or answer some social need for description) and operate at a subconscious level.

Thus, applied to the challenges of trying to find “fact” in divorce contests, Mr. Morris’ experiences and observations in this Harvard Business Review article serve as somber reminder that “seeing” is not always “believing.”

—posted by Dell Deaton @6:33 PM EST 10/28/2008
RSD 16610

 

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Dell Deaton is a Domestic Relations Mediator, Life Transition Coach and Workshops Leader, in professional practice through Divorce Reality Group — based in Ann Arbor and Saline, Michigan (Washtenaw County).

 

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vIV-026 (Wednesday, October 28, 2009 06:08:11 AM)