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الهيئة الدولية للتحكيم ، Fact and expert witnesses

Fact and expert witnesses

Should witness conferencing
take place more often?

Reflecting current practices, the majority
of respondents (62%) believe that expert
witness conferencing should take place more
often, while only a minority (37%) believe that
fact witness conferencing should take place
more often. Most interviewees explained that
fact witness conferencing does not work well
in practice, because fact witnesses testify to
their subjective knowledge (i.e., recollection of
facts) and their views can be reconciled only
if they change their stories. Due to personal
interests in the case (e.g., relationship with
a party), fact witness conferencing can also
become emotional and difficult to control.

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