Misjudging: Implications for Dispute Resolution

17 Pages Posted: 24 Apr 2007

See all articles by Donna Shestowsky

Donna Shestowsky

University of California, Davis - School of Law

Abstract

In the lead symposium article, Chris Guthrie describes recent research demonstrating empirically that judges, just like other people, are affected by cognitive, informational and attitudinal blinders. He argues that these blinders promote inaccurate trial outcomes and, as a result, disputants might find trials less desirable for resolving disputes. In her response, Shestowsky argues that these findings might not affect disputants in the way that Guthrie supposes because disputants are not primarily guided by outcome accuracy considerations when evaluating dispute resolution procedures. Rather, when choosing procedures, they prefer ones that they expect to deliver outcomes that will advance their self-interests. When evaluating procedures after they have experienced them, they are similarly not focused on outcome accuracy; in fact, they focus more on process (i.e., how they were treated). Shestowsky proposes some alternative implications of judicial blinders for the dispute resolution context.

Suggested Citation

Shestowsky, Donna, Misjudging: Implications for Dispute Resolution. Nevada Law Journal, Forthcoming, UC Davis Legal Studies Research Paper No. 105, Available at SSRN: https://ssrn.com/abstract=982227

Donna Shestowsky (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
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Davis, CA 95616-5201
United States
530-754-5693 (Phone)

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