Going First Makes a Difference: Decision-Making Dynamics in Arbitration
Article from: TDM 6 (2015), in Roundup of Articles
Introduction
The chairman calls the hearing to order. Claimant's counsel stands, calls the first witness, and, instead of asking questions, sits down, looking apprehensive. His opponent rises with a glint in his eye and a slight smirk on his lips, and starts telling the respondent's story through his cross-examination of the claimant's chief executive officer. This sophisticated executive becomes frustrated trying to explain his company's narrative. A skilled cross-examiner keeps him boxed in with short, direct questions. The tribunal listens intently. Although they are well prepared by ...