Virtual

Unconscious Bias in Dispute Resolution: How to Mitigate Risk

08 Oct 2025

Location: 12:00 - 1:00pm UK Time (Zoom)
Members: - Book by 08 Oct
Non Members: - Book by 08 Oct

Unconscious Bias in Dispute Resolution: How to Mitigate Risk

Highlights

Unconscious biases are learned stereotypes formed outside of conscious awareness, which impact the decisions or judgements we make.

 

For a lay witness, this can be detrimental– affecting everything from their initial observation of an event to the later recollection of details and potentially leading to inaccurate or skewed testimonies. Similarly for an expert witness, this can interfere with their overriding duty to be independent and therefore leave them subject to criticism from the court, as was the case in Palmer v Mantas where the judge stated that the level of language an expert used in her report “went beyond language which is appropriate for an expert to employ and suggest[ed] a level of unconscious bias”.

 

Decision-makers too can be affected by unconscious bias, which is in direct conflict with their duty of impartiality. In the case of Halliburton it was argued that arbitrator Ken Rokinson QC, was susceptible to unconscious bias, displacing the necessary, or at least perceived, equality between the parties, due to his participation in another related arbitration with one common party.

 

In this one-hour free webinar, join former Co-Head of International Arbitration at CMS law and Founder of Vasani International Arbitration, Sarah Vasani, Senior Barrister at New Square Chambers, Mark Hubbard, Professor of Social Neuroscience, Prof Lasana Harris, and Director of Witness Familiarisation at Bond Solon, Alex Clements as they discuss the different types of unconscious/cognitive bias, how these affect the dispute resolution process in both witnesses (fact and expert) and decision-makers and what can be done to mitigate risk.

Alex Clements
Director
Bond Solon

Alex Clements is a Director at Bond Solon Training. He joined the firm in 2016, and having held various roles within the business, he now heads up Bond Solon’s Witness Familiarisation division, where he leads a 25-strong team of lawyers who run their prep sessions.

Bond Solon is a premier provider of Witness Familiarisation training, both in the UK and globally. Alex is therefore well placed to comment on the issues faced by witnesses at the hearing stage

Alex is also responsible for the commercial performance of the Witness Familiarisation department. He has daily contact with clients across the legal market, providing him with an insight as to the types of challenges regularly encountered by firms when preparing their witnesses, alongside putting him in a good position to provide wider market commentary.


Alex Clements
Alex Clements Director
Bond Solon
Prof Lasana Harris

Professor of Social Neuroscience

Prof. Harris is appointed in the Experimental Psychology Department in Psychology and Language Sciences at University College London (UCL), where is the Vice Dean for Global Engagement in the Faculty of Brain Sciences (FBS). He is also a council member at the United Kingdom Research and Innovation’s (UKRI) Economic and Social Research Council (ESRC). Prof. Harris is a social neuroscientist who takes an interdisciplinary approach to understanding human behaviour. His research explores the brain and physiological correlates of person perception, social learning, emotions, social inferences, prejudice, dehumanization, anthropomorphism, punishment, and decision-making. His research addresses questions such as: How do we see people as less than human, and non-human objects as human beings? How do we modulate affective responses to people? How do we make social, legal, ethical, and economic decisions?


Prof Lasana Harris
Prof Lasana Harris
Professor of Social Neuroscience
Sarah Vasani
Founder
Vasani International Arbitration

Sarah is Co-Head of International Arbitration at CMS Cameron McKenna Nabarro Olswang LLP, a role covering the U.K., Central and Eastern Europe, the UAE, Singapore, Turkiye, China, Brazil and Mexico. She is a seasoned international arbitration lawyer specialising in both international commercial arbitration and investor state disputes, representing clients before all key arbitral institutions including the LCIA, DIFC-LCIA, ICC, ICDR, SIAC, HKAIC, SCC, ICSID, and in arbitrations conducted under the UNCITRAL Rules, and foreign investment laws.


Sarah Vasani
Sarah Vasani Founder
Vasani International Arbitration
Mark Hubbard
Barrister
New Square Chambers

 

Mark Hubbard is a litigator with a reputation for contentious trust and estates cases, civil fraud, regulatory and disciplinary matters, company, insolvency and commercial litigation, as well as advisory work in those fields. His practice has a substantial offshore and international element. Mark has particular experience of litigation in the Bahamas, the Isle of Man, Guernsey, Jersey and Switzerland.

 

He is praised by clients for his quick grasp of complex cases, reliability and the quality of his advocacy, advice and client skills, he "comes up with commercial, practical and creative solutions" (Legal 500, 2016) and is described as "a very assured senior junior who is quick to grasp issues"(Chambers UK Bar 2017, Civil Fraud) and "very impressive in court"(Chambers HNW 2016).

 

His most recent cases include Marr v Collie 2017 (Privy Council, Bahamas, Trusts); Dinglis Properties v Dinglis Management [2016] 4 WLR 72 (civil fraud, freezing orders); Re K Trust [2016] WTLR 1225 (Guernsey, protectors, trusts); S v S [2015] 1 WLR 4592 (family, Jersey trusts) and Re Fenox (UK) Ltd [2015] All ER(D) 38 (Jan) (insolvency, arbitration).

 

Mark is the author of Protectors of Trusts (OUP, 2013), the first edition of an international practitioners work and of articles including "When ‘fraud’ does not unravel all", Trusts & Trustees 2013; "More about Schmidt", TQR 2014 and "Control & Ownership: and what's yours is mine too", TQR 2016. He is regularly asked to speak on domestic and offshore legal topics at home and abroad.

 


Mark Hubbard
Mark Hubbard Barrister
New Square Chambers

Agenda

11:55am
Audience Log On
12:00pm
Chair's Opening Remarks
12:05pm
Unconscious Bias in Dispute Resolution: How to Mitigate Risk
Speakers:
Alex Clements - Director - Bond Solon
Prof Lasana Harris - - Professor of Social Neuroscience
Sarah Vasani - Founder - Vasani International Arbitration
Mark Hubbard - Barrister - New Square Chambers
12:45pm
Panel Q&A
1:00pm
Chair's Closing Remarks

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Contact Us

If you are interested in this event and would like some more information before making your decision to attend please contact Amelia Gittins on 020 3059 9797 or email amelia@thoughtleaders4.com