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Arbitration: the Art & Science of Persuasion [Kietas viršelis]

  • Formatas: Hardback, 256 pages, aukštis x plotis x storis: 241x164x20 mm, weight: 542 g
  • Išleidimo metai: 04-Aug-2022
  • Leidėjas: Oxford University Press
  • ISBN-10: 0192867903
  • ISBN-13: 9780192867902
  • Formatas: Hardback, 256 pages, aukštis x plotis x storis: 241x164x20 mm, weight: 542 g
  • Išleidimo metai: 04-Aug-2022
  • Leidėjas: Oxford University Press
  • ISBN-10: 0192867903
  • ISBN-13: 9780192867902
Effective persuasion is an art; an art which can be learned and perfected with practice and insight into human behaviour. This innovative book, written for lawyers and those interested in the science of persuasion in a legal setting, is the first to explain how key concepts from psychology, sociology, and communication science can be productively applied to the art of persuasion in international dispute resolution.

Whilst success in arbitration relies upon knowledge of the law, sound judgment, and intelligence, it is also increasingly recognized that it is dependent upon the ability to effectively communicate with other people in order to convince them of a particular point of view. These are skills that can be acquired and enhanced over time with practice and experience. The focus of this book is to provide practitioners with insights and applications of the behavioural sciences that can assist in the development of those key skills associated with success in arbitration.

Starting with an overview of the important elements of the psychology of persuasion, the book then provides recommendations and examples of how the information can be effectively utilized, with a view to providing a practical and pragmatic treatment of ideas and techniques of persuasion that lawyers can employ to enhance their advocacy skills. Prominent arbitrators from around the globe provide observations and anecdotes from their own arbitration experiences that offer context and provide the reader with fascinating insights into the experiences of some of the world's leading arbitrators. Taken together, the structure and analysis, backed up with real-world examples, gives readers the tools to gain "the edge" when it comes to using negotiation in their dispute resolution practice.

Recenzijos

This book will be very useful both for lawyers who want to develop this art and for referees who want to improve their decision-making process. * David Arias, Spain Arbitration Review *

About the Authors xxi
List of Abbreviations
xxiii
Introduction: An Overview of International Arbitration 1(6)
PART I SOCIAL SCIENCE AND PERSUASION
1 Persuasion in International Arbitration
7(16)
Understanding Arbitrators and the Arbitral Process
7(1)
The Art of Persuasion
7(3)
The Lawyer's Judgement
10(5)
Classical Persuasion: The Art of Rhetoric
15(3)
The Beginnings of Modern Thought
18(1)
The Scientific Study of Persuasion
18(2)
Communication Psychology
20(1)
Conclusion
21(2)
2 The Key to Persuasion: Arbitrator Attitudes and Beliefs
23(18)
Cognitions
23(4)
Belief Systems
27(1)
Attitudes and Decisions
28(1)
Attitude Sets
29(1)
Attitude Components
30(1)
Attitude Formation
31(2)
Attitude Activation
33(1)
Attitude-Behaviour Inconsistencies
33(1)
Attitude Change
34(1)
Attitude Salience
35(1)
Complex Attitude Clusters and Arbitrator Decision-making
36(3)
Conclusion
39(2)
3 Communication and Techniques of Persuasion
41(24)
Attributes of Persuasion
42(1)
Credibility
43(5)
Likeability
48(2)
Witness Credibility
50(2)
Strategies to Enhance Credibility
52(4)
Persuasive Messages
56(1)
The Strategic Use of Emotional Messages
57(2)
Rhetorical Questions
59(1)
Repetition
60(1)
Strategy in Organizing the Content of a Communication
61(3)
Conclusions
64(1)
4 How Arbitrators See and Hear: The Importance of Perception
65(20)
Psychology of Sense Perception
65(2)
Arbitrator Perceptual Tendencies
67(4)
Person Perception
71(2)
Perceptual Problems
73(1)
Internal Sets and Distractions
74(2)
Signal Detection and Adaptation Level in the Oral Hearing
76(2)
Adaptation Level Theory
78(1)
Commanding and Maintaining Attention
79(1)
Making the Communication `Stick'
79(2)
Distraction
81(2)
Conclusions
83(2)
5 Learning and the Attribution of Innocence or Blame
85(30)
Two Types of Learning: Voluntary and Involuntary
88(1)
Voluntary Learning: Some Reinforcement Techniques
89(2)
Participation in the Learning Process
91(1)
Memory
91(3)
Retention and Forgetting
94(2)
Causal Schema and Common-sense Explanation
96(2)
Attribution
98(2)
Attributional Biases
100(3)
Persuading People Who Are Not Like Us
103(1)
Fundamental Attribution Error
104(1)
Actor-Observer Effect
105(1)
`Compliance-with-Standards' Defence: An Application of Attribution Theory
105(2)
A Case Study
107(2)
Strategies of Enhancement and Denial
109(1)
Conclusion
110(5)
PART II THE ARBITRATION PROCESS AND PERSUASION STRATEGIES
6 Tribunal Formation Strategy
115(18)
Arbitrator Selection: The Primary Approach
117(3)
Motivation
120(1)
Freud's Psychoanalytic Theory of Motivation
121(2)
Neo-psychoanalytic Approaches
123(1)
Motivations Found Among Arbitrators
124(1)
Personality
125(2)
The Tribunal as a Social Group
127(1)
Arbitrator Roles
128(1)
Personal Influence
129(2)
Conclusions
131(2)
7 Encounters with the Arbitrators
133(18)
Initial Contact
133(2)
First Conference with the Tribunal
135(3)
The Written Phase of the Arbitration
138(3)
The First Written Documents: The Memorials
141(4)
Document Production Requests
145(1)
The Reply Memorials
146(3)
Conclusion
149(2)
8 Opening Statements
151(14)
The Psychology of the Opening Statement
151(1)
Primacy-Recency
152(1)
Opening Statement Strategy
153(4)
Thematic Anchors
157(1)
What Anchors Do for Arbitrators: Overcoming Cognitive Dissonance
158(1)
Using Thematic Anchors
159(2)
Structuring the Opening Statement
161(3)
Conclusion
164(1)
9 Cross-examination and Closing Arguments
165(12)
Which Witnesses to Call for Cross-examination
165(1)
Strategies for Cross-examination
166(6)
Re-examination
172(1)
Direct Examination
173(1)
Post-hearing Submissions and Oral Closings
174(2)
Conclusion
176(1)
10 Visual Communication
177(24)
The Communication Process
177(1)
The Impact of Technology
178(5)
Seeing and Reading
183(3)
How We See
186(6)
Design Rules and Common Mistakes
192(3)
Deceptive Graphics
195(1)
Interpersonal Communication
196(3)
Conclusion
199(2)
11 Behavioural Research for Arbitration
201(18)
The Need for Information
201(1)
Targets of Persuasion
202(1)
Validity and Reliability
203(1)
Use of Behavioural Research by Lawyers
204(1)
Research for Persuasion Strategies
205(3)
Areas of Inquiry for Jurors
208(1)
Research Methods for Arbitration
209(1)
Arbitration Studies
210(4)
Techniques and Procedures
214(1)
Arbitration Research Panels
215(1)
Consultants and Research Experts
216(1)
Conclusion
216(3)
PART III FINAL THOUGHTS
Contributor's Index 219(2)
Subject Index 221
Dr. Donald E. Vinson is recognized as a leading authority in the application of the Behavioural Sciences to the resolution of legal disputes. He is an expert in human behaviour who has spent the last 40 years working with hundreds of attorneys in high-profile legal cases. His training in the social sciences includes an M.S. in Marketing Research, an M.A. in Sociology, and a Ph.D. with an emphasis on the Psychology of Human Values, Attitudes and Decision Making. Vinson is Chairman of Vinson & Company in Los Angeles and is past Chairman of the Institute for Legal Reform at the United States Chamber of Commerce.



Klaus Reichert is a barrister based in London at Brick Court Chambers. He commenced practice at the Bar of Ireland in 1992 and was later admitted to the Bar of England & Wales in 1996. For many years he practiced on the South Western Circuit in Ireland before becoming a Senior Counsel and Member of the Inner Bar of Ireland in 2010. His work now exclusively focusses on international arbitration, and he has undertaken cases across a wide spectrum of commercial and investor-state matters in most of the major arbitral venues.