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Arbitration: the Art & Science of Persuasion (1)

Donald Vinson, Klaus Reichert

Abstract

Successful advocacy in arbitration relies upon the lawyer’s ability to persuade a group of decision makers to the merits of the client’s case. Successful persuasion communicates the expression of feelings, thoughts, and interpretations of events, facts, and the role of the participants engaged in these events. It depends on the capabilities of those attempting to persuade and characteristics of the audience that will facilitate or frustrate the persuasion effort. An understanding of these audience characteristics resides within the domain of the behavioural sciences. Over the last thirty-five years, trial lawyers in the United States have placed increased reliance on pretrial jury research in the development of their cases, and this is now equally the case in US arbitration. This book draws upon personal experiences and insights where the applications of the behavioural sciences have practical implications to persuasion in the context of international arbitration. The target of persuasion in an arbitration is, of course, the arbitrator or the tribunal. However, this book is as much about lawyers who present cases as it is about arbitrators who decide them. The book’s focus is to provide practitioners with insights and applications of the behavioural sciences that can assist in the development of the skills associated with successful arbitration. Many of the important elements of the psychology of persuasion are explained, accompanied by suggestions or examples of how the information can be effectively used. The book is a practical treatment of ideas and techniques of persuasion that lawyers can employ to enhance their advocacy skills.

Bibliographic Information

Donald Vinson, author

Klaus Reichert, author


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Contents