I "discovered" inherent predisposition, or "bias," in much the same way as Columbus "discovered" America. Not only am I not the first to step into this topic, but I am not even close. Inherent predisposition existed long before my arrival, just as groups of humans long inhabited the North American continent.
Some perspective on that is provided in my book about Florida's economic and workers' compensation history - Floridiana and the Workers' Compensation Adjudicators (free to download). There are likely facts about this unique state that will surprise even the most ardent students of history. In a nutshell, however, humans migrated to North America long before Columbus "discovered" them.
Similarly, I cannot claim to have "discovered" inherent predispositions. Nonetheless, it is fair to say that the study of inherent predisposition is reasonably recent. It first began to attract significant scholarly investment in the 1980s, according to Daedalus.
Coincidentally, that era also brought alternative dispute resolution to the fore in Florida—specifically, mediation. After some contemplation of the tool, Florida led the workers' compensation world to mandatory mediation in the early 1990s and has never looked back.
The 1980s also saw a litany of other imperatives, including "new Coke," interesting pop culture, iconic music, and the end of such symbols as the Berlin Wall. It was undeniably a time of great change.
It is perhaps a coincidence that the following decade brought focus on both ADR and inherent predisposition. In any event, there is a great breadth of potential to employ sound comprehension of these human inclinations in both the litigation and resolution settings.
As I have studied the breadth of predisposition, I have compiled an overview reference to illuminate these challenges. For each, I have tried to provide some analog from the perspective of three critical injury dispute perspectives: lawyer, physician, and mediator.
The result is Unseen Influence: Unconscious Predisposition in Dispute Resolution (2025)(free to download). It has been an odyssey of introspection and study. There have been questions, curiosity, and collaboration. As noted in the acknowledgments, I have been blessed to discuss the topic with some exceptional minds, which has both facilitated analysis and suggested diverse viewpoints and considerations.
The human brain is amazing. I note in Unseen Influence that "We all struggle each day to harness the complexity and capability that have been placed at our disposal." We are indeed both blessed with capacity and capability, and yet challenged to channel and utilize this amazing brain. As we employ it, like any other tool, we seemingly give little consideration to its complexity, utility, and potential complications.
In the journey, I am convinced that I have asked myself some important questions. I am hopeful that I have provided some worthy insight. I am unequivocally certain that I have merely scratched the surface of this topic. There remains much more in predisposition that is worthy of study.
The most apparent flaw in Unseen Influence is the limited scope. From my perspective, the impacts on three specific professions were patent. As I discussed the topics during the text's development, I was driven to similar considerations for a host of professions that also touch injury litigation but that I would require significant study to fully appreciate.
In fact, my own predisposition for what was familiar to me influenced the content and perspective of Unseen Influence. Imagine that—my own bias influenced my book on bias. In the end, I concluded that striving to address the panoply of professions and potentials was beyond my present resources—particularly time.
Rather than address more professional perspectives, I elected instead to encourage the reader to bring their individual perspective and ponder how each listed predisposition might impact their own profession. Perhaps, with feedback and engagement, more variety in occupational or vocational perspectives could be offered one day in a second edition.
This odyssey has also led to an opportunity to share some of these thoughts. At the 2025 Workers' Compensation Institute in Orlando, I will moderate a panel of exceptional intellect. I am joined by Dr. Geralyn Datz and Dr. Les Kertay for
August 19, 2025
9:55 AM – 10:55 AM
Grand Ballroom 8A
There is no one better able to provide insight into the human mind. These two experts are conversational, approachable, and exceptional. An opportunity to hear either is amazing, and yet this hour will bring you both. Their team effort will provide an exceptional and perhaps even unique opportunity.
In an exceptionally short hour, we will strive to raise consciousness regarding the propensities, perils, and amazing capabilities of our minds. This program will introduce attendees to the inherent predisposition and the variety of challenges they pose. This presentation will inform and hopefully inspire further consideration and analysis.
In fairness, at a given moment during WCI, there are a dozen outstanding presentations competing for your time and investment. With all due respect to the others, this one hour might be the very key to a more prepared and perceptive you. If you are seeking takeaways and insight, find a spot for this hour on your agenda.
