United States: Alternative Dispute Resolution: Arbitration from an Arbitrator´s Perspective
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One way to gain insight into how to most effectively persuade a decisionmaker is to switch roles and to examine the process from the other point of view. In litigation, for example, by testifying as a witness, a trial lawyer can experience first hand how truly irresistible the impulse can be to volunteer information. A trial lawyer serving on a jury may come away from the experience with a new approach to trying cases. Sitting on a panel of arbitrators through trial and award in a complex case provides a unique perspective into what is persuasive in arbitration and what is not. When the panel includes experienced retired trial judges, the insights may prove all the more valuable…. Source : mondaq.com |