Register Here!
This presentation explores how principles of cognitive psychology and behavioral science directly influence communication, negotiation, and outcomes in subrogation claims. It will begin with an overview of how the conscious and unconscious mind evolved, how each processes information, and how emotions and decision-making are formed long before logic enters the equation. Using brief demonstrations such as brain teasers and mentalism techniques, the session illustrates how predictable cognitive patterns, not “magic,” drive attention, perception, and judgement. Building on clinical research, the program examines how framing, anchoring, justification, and first-impression effects shape negotiations and compliance. Attendees will learn how word choice, tone, structure, and even physical cues can materially alter how demands are received and evaluated. The session concludes by translating these psychological concepts into actionable strategies for claim handling, demand drafting, and settlement negotiations, enabling professionals to improve recovery results through more deliberate and effective communication.
Meet the presenter, Ashton Kirsch, an insurance litigation attorney and partner with the national law firm of Matthiesen, Wickert & Lehrer, S.C. (MWL). Ashton’s practice areas include insurance litigation, subrogation, workers’ compensation, transportation and cargo, health insurance, and ERISA. Ashton obtained his Bachelor of Arts in Political Science and History from the University of Wisconsin–Madison and went on to graduate from the University of Wisconsin Law School, focusing on finance and corporate litigation. In 2018 and 2019, he was named a Wisconsin Rising Star by SuperLawyers Magazine, an award given only to the top 2.5% of lawyers in the State. Prior to joining MWL, Ashton was a founding partner and legal counsel with Bankmybiz.com, an online lending/banking platform. He was also general counsel for a real estate development consulting group.