Abstract This chapter examines the psychological studies of biases and de-biasing measures in human decision-making with special reference to adjudicative factfinding. Research shows that factfinders are prone to cognitive biases (such as anchoring, framing, base-rate neglect, and confirmation bias) as well as social biases. Driven by this research, multiple studies have examined the extent to which those biases can be mitigated by de-biasing measures like “consider the opposite” and “give reasons.” After a brief overview of the research, the author points to the problematic evidential basis and identifies future research needs, and concludes that empirical research on de-biasing measures has so far delivered less than one would hope for.
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