ASSESSING A WITNESS

Written by Graham Perry

Graham Perry M.A. Cantab FCIArb Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer

22 March 2021

COMMENT OF THE DAY #37

Interesting one this. Is this a matter of training or “gut feel”?

First, eliminate bias. Do you? or does it fester as a negative and get in the way of a balanced and objective judgment?

Bias – can be gender (some men may take against women + some women may take against men). Can be a dress (too loud, too ostentatious, too smart + too casual). Can be too noisy (just unusually loud or the reverse too timid). Can be too familiar (first names too early on – uncomfortable.) Can be too confident – (a Jack the Lad approach, even a Mr/Ms Know All)

These are just a few examples + with bias, we often do not see it within ourselves. We do not believe we are biased. After all, we are arbitrators and known for our detached and balanced viewpoints. Aren’t we?? Are there “bad eggs” who are too set in their ways + resist change?.

My view is that this needs much more teaching to enable us to do our job fairly and properly. Root out anything that smacks of bias or prejudice. Look for it, recognise it and eject it. Keep your mind clean and, like everything, it needs a spring clean.

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