How to Select an Arbitrator?

Answer 1

Besides becoming more and more popular, alternative dispute resolution (ADR) is also a wise investment in time and resources, in order to come to a settlement between two or more opposing parties. Quite often, an arbitrator acts as the judge in a case, especially in binding arbitration, where both parties have agreed to accept the terms pronounced by the arbitrator. Non-binding arbitration is a bit underused, but also an extremely valuable tool in dispute resolution. It gives both parties an opportunity to each choose an arbitrator to whom they can express their issues, who in turn teams up with the other arbitrator and they take the case to yet another arbitrator. The majority decision rules, ensuring a neutral decision. Let’s start at the very beginning.

When selecting an arbitrator, it is important to consider his field of expertise. This can be a great assistance when trying to present your case – in fact, it’s one of the reasons cases are often settled out of court, when a case involves technical information that runs out of a judge’s capability to be completely informed.

Then, check the background of your potential arbitrator. If there is anything in his belief system or case history that would make you suspect a partiality in your award, find another candidate. While they are trained to be impartial, there is a human element in every person, no matter what success in objectivism they have achieved.

Check the cost. While both parties will be subject to payment, you have to know what you’re up against, and if it would not be self-defeating to spend more money on a case that has already cost you more than you can handle. On the other hand, litigation costs will dig much deeper in your pocket, especially as they tend to wane on and on with no definite end, and certainly a gamble as to what the judgment will be in the end.

Dispute settlement is as old as history. This is a much more favorable method of coming to an agreement in a mess of disagreements. The ability to compromise in the non-essentials is a skill that has taken a back seat to going after selfish goals. Take what your arbitrator says to heart, because you just may be called to learn a thing or two about peace. And that is something that everyone can live with.

Answer 2

Besides becoming more popular, alternative dispute resolution (ADR) is also a wise investment in time and resources in order to come to a settlement between two or more opposing parties. Quite often, an arbitrator acts as the judge in a case, especially in binding arbitration, where both parties have agreed to accept the terms pronounced by the arbitrator. Non-binding arbitration is a bit underused, but also an extremely valuable tool in dispute resolution. It gives both parties an opportunity to each choose an arbitrator to whom they can express their issues, who in turn teams up other arbitrators to come to a ruling. The majority decision rules, ensuring a neutral decision. Let's start at the very beginning.

• Step One: When selecting an arbitrator, it is important to consider his field of expertise. This can be a great assistance when trying to present your case. This is one of the reasons cases are often settled out of court, especially when a case involves technical information that runs out of a judge's capability to be completely informed.
• Step Two: Check the background of your potential arbitrator. If there is anything in his belief system or case history that would make you suspect of a partiality in your award, find another candidate. While they are trained to be impartial, there is a human element in every person, no matter what success in objectivism they have achieved.
• Step Three: Check the cost. While both parties will be subject to payment, you have to know what you're up against and if it would not be self-defeating to spend more money on a case that has already cost you more than you can handle. On the other hand, litigation costs will dig much deeper in your pocket, especially as they tend to wane on.

Dispute settlement is almost as old as history itself. This is a much more favorable method of coming to an agreement in a mess of disagreements. The ability to compromise in the non-essentials is a skill that has taken a back seat to going after selfish goals. Take what your arbitrator says to heart, because you just may be called to learn a thing or two about peace. And that is something that everyone can live with.