Subconscious Influences in Arbitral Decision-Making - World Arbitration and Mediation Review, Vol. 9 No. 4
Margaret L. Moses is Professor of Law and Director of International Programs at Loyola University Chicago. The second edition of her treatise on international commercial arbitration was published in May 2012 by Cambridge University Press. Her teaching and writings are informed by her participation as an arbitrator or advocate in arbitrations under the auspices of the ICC, Court of Arbitration and the ICDR, as well as in ad hoc arbitrations. In addition to arbitration, her areas of interest and research include international business transactions, international letters of credit, and international trade finance. Professor Moses heads Loyola Chicago’s Vis Moot Arbitration program, which sends students to compete in both Vienna and Hong Kong. She holds a JD degree from Columbia University School of Law and a PhD degree from Indiana University.
Jeffrey Rachlinski is the Henry Allen Mark Professor of Law at Cornell Law School. He holds a BA and an MA in psychology from the Johns Hopkins University, a JD from Stanford Law School, and a PhD in Psychology from Stanford. In 1994, Professor Rachlinski joined the faculty at Cornell Law School. He has also served as visiting professor at the University of Chicago, the University of Virginia, the University of Pennsylvania, Yale, and Harvard. Professor Rachlinski’s research interests primarily involve the application of cognitive and social psychology to law with special attention to judicial decision making. He has presented his research on judicial decision making to audiences in attendance at over 60 judicial education conferences, which have included over 4,000 judges in a dozen states and three countries.
Shari Seidman Diamond is the Howard J. Trienens Professor of Law and Professor of Psychology at Northwestern University and a research professor at the American Bar Foundation. She directs the JD/PhD program at Northwestern. Professor Diamond has published more than a hundred articles on legal decision-making in law reviews and behavioral science journals, including the Reference Guide on Survey Evidence, in Reference Manual on Scientific Evidence 359 (Fed. Jud. Ctr. ed., 3rd ed. 2011). Professor Diamond practiced law at Sidley Austin in litigation and intellectual property. She has taught at the University of Chicago, Harvard, and the University of Illinois at Chicago. Professor Diamond was editor of the Law & Society Review and president of the American Psychology-Law Society; and was elected to the American Academy of Arts and Sciences. She has lectured widely to scholarly and judicial audiences, and testified in American and Canadian courts. Her publications have been cited by federal and state courts, including the US Supreme Court. Professor Diamond received the 2010 Harry Kalven, Jr. Award from the Law and Society Association for Contributions to Research in Law and Society, and the 1991 American Psychological Association award for Distinguished Contributions to Research in Public Policy. As a member of the ABA’s American Jury Project, she helped draft the Principles for Juries and Jury Trials adopted in 2005. She served on the executive committee of the American Jury Project Commission of the Seventh Circuit Bar Association and currently serves on the standing committee of the Seventh Circuit on Pattern Criminal Jury Instructions. She is a Special Advisor to the ABA Commission on the American Jury Project. Her PhD in social psychology is from Northwestern University and her JD is from the University of Chicago.
Edna Sussman, is an independent arbitrator and mediator and the Distinguished ADR Practitioner in Residence at Fordham University School of Law. Formerly a partner at White & Case, she has extensive experience serving as an arbitrator (as chair, sole or co-arbitrator) in a wide variety of complex international and domestic commercial disputes under many institutional rules and ad hoc. She serves on many of the institutional panels around the world and is ranked by Chambers USA and Best Lawyers for arbitration. She was also named as one of the ten outstanding international mediators by Who’s Who Legal. Ms. Sussman serves on the Board and the Executive Committees of the American Arbitration Association, as President-Elect of the College of Commercial Arbitrators and as founding Vice-Chair of the New York International Arbitration Center. Ms. Sussman has lectured and published widely on arbitration, mediation, energy and environmental issues.
Originally From World Arbitration and Mediation Review (WAMR)
Subconscious Influences in Arbitral Decision-Making
Introduction by Professor Margaret L. Moses
Keynote by Professor Jeffrey J. Rachlinski
With Commentary by Professor Shari Seidman Diamond & Edna Sussman
Margaret Moses: About a year ago, when I first agreed to co-chair this conference, Mr. Bishop told me that he expected this workshop to be excellent. He made it very clear. So, along with my co-chairs, Jóse Astigarraga and Luke Sobota, and with the help of David Winn, the director of ITA, we have been working hard to meet Mr. Bishop’s expectations. We have been very fortunate to be able to find a tremendous group of very experienced and knowledgeable speakers who will be with us today and also very fortunate to have all of you come and participate in this workshop.
I am going to introduce briefly our first speakers. They have done great work in this area of subconscious influences. Their impressive accomplishments are in your materials. These first speakers will provide you with background and insight into this topic that we think will be useful to you as we go through the program today. First, our keynote speaker, Mr. Jeffrey Rachlinski, is a professor at Cornell Law School and is well-known for his work in the area. His topic is “Subconscious Influences in Arbitral Decision-Making.” He will be followed by Ms. Shari Seidman Diamond, a professor of law and psychology at Northwestern University and a research professor at the American Bar Foundation, who will talk about “Individual vs. Group Decision-Making in Arbitration.” Then, Ms. Edna Sussman, an independent arbitrator and mediator who is also the Distinguished ADR Practitioner in residence at Fordham Law School, will discuss “Enhancing the Deliberative Overlay in Arbitrator Decision-Making.” Please join me in welcoming Professor Jeffrey Rachlinski.