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Part I Social Science and Persuasion, 5 Learning and the Attribution of Innocence or Blame

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

Subject(s):
Arbitrators — Deliberation and drafting — Standard of review — Arbitration

This chapter explores the concept of learning and the attribution of innocence or blame. It also correlates the learning processes to arbitrator decision-making. Learning refers to one of the fundamental processes of human behaviour that involved oral hearing and arbitration. Moreover, learning is divided into two general categories: involuntary learning and voluntary learning. Involuntary learning is more often known as classical conditioning, while voluntary learning is closely linked to operant conditioning. The chapter notes that active participation in the learning process does improve the speed and amount of learning. It explores the attribution theory wherein personal characteristics tend to be overemphasized while ignoring situational factors.

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