Ben Giaretta (chair), Partner, Fox Williams; Chiann Bao, Arbitrator Arbitration Chambers; Dr Ula Cartwright-Finch, Founder, Cortex Capital; Stepan Puchkov, Founder, PsychoLAWgy; Professor Jennifer Robbennolt, University of Illinois; Professor Jean Sternlight, University of Nevada.
The study of “behavioural law”, which takes into account the limitations of human rationality in decision-making, has grown as an academic subject in the last decade, and the influence of biases and heuristics on behaviours has become widely recognised in legal practice. This session will look at how such factors impact dispute resolution, from the point of view of parties, counsel and decision-makers (judges, arbitrators etc.). Why do parties pursue claims or defences that appear (objectively) to be unlikely to succeed? What psychological tools are available to counsel, to help them persuade the decision-maker? And what are the limitations of human decision-making, that can affect how judges and arbitrators reach their decisions?