DECISION MAKING AND DECISION CONSENSUS IN COMMERCIAL ARBITRATION (FROM LAW, JUSTICE AND THE INDIVIDUAL IN SOCIETY - PSYCHOLOGICAL AND LEGAL ISSUES, 1977, BY JUNE LOUIN TAPP AND FELICE J LEVINE - SEE NCJ-47140)

• NCJ Number: 47558
• Author(s): E A HAGGARD; S MENTSCHIKOFF
• Date Published: 1977
• Length: 13 pages
• Sponsoring Agency: Ford Foundation
• Corporate Author: Holt, Rinehart and Winston; Soc for the Psychological Study of Social Issues
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

AN EMPIRICALLY BASED CONCEPTUAL VIEW OF DECISIONMAKING IN COMMERCIAL ARBITRATION IS PRESENTED.

Abstract

NORMATIVE AND INTERACTIONAL FACTORS ARE DEFINED, AND THEIR RESPECTIVE ROLES IN ARBITRATION ARE IDENTIFIED. THE NORMATIVE FACTOR CONSISTS OF STANDARDS USED BY ARBITRATORS TO JUDGE THE CONDUCT OF THE PARTIES AT THE TIME OF THE DISPUTE AND AT THE HEARING, AND TO REGULATE THEIR OWN BEHAVIOR AT HEARINGS AND DURING DELIBERATIONS. THE INTERACTION FACTOR ENCOMPASSES ASPECTS OF AFFINITY AND COMMUNICATION IN THE INTERPERSONAL DEALINGS OF PARTICIPANTS AT THE HEARINGS AND OF ARBITRATORS BOTH AT THE HEARINGS AND DURING DELIBERATIONS. THE DECISIONMAKING AND DECISION CONSENSUS PHASES OF ARBITRATION ARE EXAMINED FROM THE PERSPECTIVES OF THE EXPERT AND NONEXPERT ARBITRATOR. DECISIONMAKING REFERS TO THE PROCESS BY WHICH AN ARBITRATOR ARRIVES AT A DECISION AS TO WHO IS THE RIGHT PERSON IN THE MATTER AT HAND, AND DECISION CONSENSUS IS THE PROCESS BY WHICH ARBITRATORS ARRIVE AT AN AGREEMENT ON THE AWARD. THE ARBITRATOR'S EXPERTISE AND PRIOR EXPERIENCE ARE THE MOST IMPORTANT FACTORS IN THE DECISIONMAKING AND CONSENSUS PROCESSES. THE ARBITRATOR'S BACKGROUND DETERMINES THE AVAILABILITY OF NORMS, CONDITIONS THE PROCEDURAL AND ROLE NORMS THAT ARE HELD, AND RAISES OR LOWER THE DEGREE OF INFLUENCE IN INTERACTION WITH OTHER ARBITRATORS. AS IN COURTS, DECISIONMAKING AND DECISION CONSENSUS IN ARBITRATION ARE ESSENTIALLY NORMATIVE; INTERPERSONAL DIMENSIONS ARE IMPORTANT ONLY AS THEY SUPPLY ENDORSEMENT FOR THE NORMS NECESSARY TO DECISIONS. A RELATED STUDY IS DOCUMENTED IN NCJ-47557. (AUTHOR ABSTRACT MODIFIED--LKM)