Arbitration: the Art & Science of Persuasion

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.

Auteur

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.