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Part II The Arbitration Process and Persuasion Strategies, 11 Behavioural Research for Arbitration

Donald E. Vinson, Klaus Reichert

From: Arbitration: the Art & Science of Persuasion (1)

Donald Vinson, Klaus Reichert

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 27 November 2022

Arbitral tribunals — Arbitrators — Counsel — Arbitration

This chapter focuses on the techniques conducted for studying arbitration. According to conventional wisdom, people are likely to be convinced if they have propositions with positive attitudes, opinions, or beliefs instead of negative ones. Sensitivity to human behaviour is involved in developing effective persuasion strategies. The chapter also differentiates the roles between arbitrators and jurors. Behavioural research has been conducted to develop and further persuasive strategies. Moreover, consultants and research experts could assist in the research as most lawyers are not trained in social sciences or research methods. Arbitration studies usually involve issues analysis, assessment of decision makers, strategy testing, witness evaluation, damage analysis, visual communication testing, and simulation.

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