Abstract

This article explores the still-controversial role of arbitrators in settlement facilitation and whether the professional guidelines put forward supposedly to assist arbitrators in this role take into account the psychological factors at play. Do "best practice" guidelines address the "right" factors? Particular attention will be had for these explorations to the Rules of the Centre for Effective Dispute Resolution (CEDR) for the Facilitation of Settlement in International Arbitration. We identify that the Rules and Recommendations, whilst they provide a number of discrete ...