Decision Making in ADR: Science, Sense and Sensibility

20 Pages Posted: 25 Jan 2016

See all articles by Tania Sourdin

Tania Sourdin

University of Newcastle (Australia) - Newcastle Law School

Date Written: January 25, 2012

Abstract

Research about how we make decisions reveals that our decision-making is influenced by many factors. We are conscious of some of these factors and unconscious of others. Some theorists suggest that the processor of the brain is divided into two distinct systems that dictate how we think and make decisions. One system is fast, intuitive, reactive, emotional and often unconscious. The other system is slow, deliberate, methodical, rational and conscious. Other writers and theorists also suggest that the process of decision-making is a combination of feeling and reason. While some theorists have talked about a modularity, or specialization, of brain function by area with particular reference to right-brain and left-brain thinking, these approaches remain under investigation. Some past work suggests that cognitive or other processes can be 'lateralized' in parts of the brain and that conditions such as depression are linked to a hyperactive right hemisphere, with particular parts of the brain more likely to be involved in '… processing negative emotions, pessimistic thoughts and unconstructive thinking styles', and a relatively hypoactive left hemisphere 'specifically involved in processing pleasurable experiences' and relatively more involved in decision-making processes. This paper explores the way in which the brain works and the making of decisions in Alternative Dispute Resolution (ADR) from a neurobiological and neuroscience perspective by reference to some of these theories. It also considers emerging theory in the decision-making area in the context of factors that can lead decision-makers in arbitral and advisory processes astray.

Suggested Citation

Sourdin, Tania, Decision Making in ADR: Science, Sense and Sensibility (January 25, 2012). Available at SSRN: https://ssrn.com/abstract=2721552 or http://dx.doi.org/10.2139/ssrn.2721552

Tania Sourdin (Contact Author)

University of Newcastle (Australia) - Newcastle Law School ( email )

1 University Drive
Callaghan, 2308
Australia

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