What should I look for in an arbitrator?
Asked by: Dr. Alfonzo O'Connell MD | Last update: March 23, 2025Score: 4.5/5 (69 votes)
Skilled arbitrators must have the temperament and expertise to guide opposing parties through the pressures of dispute resolution, allowing each side to communicate their position within the bounds of the agreed-upon processes and procedures.
How to pick a good arbitrator?
An effective arbitrator should have thorough understanding of the differences between arbitration and litigation. They must understand that the purpose of arbitration is speed and efficiency, and therefore litigation procedures like discovery and motion practice should be limited.
What not to say during arbitration?
Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.
Which factor is important when selecting an arbitrator?
Expertise and Experience
Once this is clear, it's important to determine whether the ideal arbitrator needs to have particular expertise (such as someone who understands digital currency and metaverse disputes) or if the issues are ones that most experienced commercial litigators will understand.
What is the average cost of an arbitrator?
This person serves as a neutral third party who will ultimately make a binding or non-binding decision in your case. Private arbitrators in California can charge anywhere from $200 to $1,000 per hour.
Arbitration basics
Who pays for an arbitration hearing?
The parties each pay their own costs to conduct their case. Parties will likely not encounter all of the above costs on every case, and the amount of these costs, and which party must pay them, is different depending on the case and the rules that apply.
How much power does an arbitrator have?
Arbitrators have the power to deal with any dispute about a collective agreement. This includes ruling on the meaning of any part of the agreement, determining if the agreement applies and deciding whether it was breached. Arbitrators can also decide if they have the authority to deal with an issue.
How do I select an arbitrator?
There are three general steps to choosing an arbitrator. First, you must look over the arbitration agreement to identify what appointment protocol you need to follow. Second, you should prepare a list of suitable potential arbitrators. Finally, you need to pare down this list, be diligent, and make the final choice.
Why not to choose arbitration?
If one party feels the decision is erroneous, there is very limited opportunity to correct it. There are many cases in which arbitration can become more expensive than court proceedings. Quality arbitrators can demand substantial fees that would not apply in court.
What must be the decision made by an arbitrator?
must not be arbitrary; must be arrived at by a reasoning process as opposed to one based on conjecture, fantasy, guesswork or hallucination; the arbitrator must have applied his mind seriously to the issues at hand; and. must have been based on conclusions that are justifiable, defensible and logical.
Who usually wins in arbitration?
An empirical study conducted by economic firm ndp | analytics and released by ILR shows that employees and consumers win more money, more often, and more quickly in arbitration than in a lawsuit. Employees were more likely to win in arbitration (almost 38 percent) than in a lawsuit (almost 11 percent).
What are 2 disadvantages of arbitration?
- Limited Appeal Options: One of the most significant downsides of arbitration is that it offers very limited options for appeal. ...
- Potentially Less Oversight: The informal nature of the arbitration process could lead to less regulatory oversight, making it crucial to choose a reputable arbitrator.
How do you protect yourself in arbitration?
In arbitration, you don't have to have a lawyer represent you (unless state law requires it), but it's important to know that arbitration is a final and binding process that can affect your rights. So, if you are considering representing yourself, it's a good idea to talk to a lawyer.
How do you win an arbitration hearing?
Arguments should flow easily from the relevant facts and applicable law. Avoid exaggerating the strengths of your case as well as disparaging the opposing side. Remember that professionalism and credibility are critical to persuasiveness.
Can you choose your own arbitrator?
Unlike litigation, arbitration affords the parties much control over the process, including the selection of the arbitrator, arguably the most important decision in the process.
What cases are best for arbitration?
Auto Accidents: Arbitration is often used in auto accident cases, particularly when the dispute involves the extent of injuries, the amount of damages, or insurance coverage issues. If both parties agree, arbitration can quickly resolve the matter without a prolonged and expensive jury trial.
What is the biggest problem of arbitration?
One of the biggest faults I see in arbitration is that it is strictly adversarial, meaning that there is a person, or in some cases a panel of people, whose job it is to make a decision. They must determine a winner in a dispute. Arbitration leaves no room for finding a solution to the problem.
Is it better to settle or go to arbitration?
But its faster resolution, lower cost, and binding decision often make arbitration the preferred choice for your small business clients. Arbitration provisions are often written into commercial contracts, stating that in the event of a conflict, the parties will use arbitration to resolve their issue.
Why you shouldn't agree to arbitration?
Because of limited discovery, lack of a jury, and limited appeal rights, arbitration outcomes are riskier and more final than court litigation. It is hard to see why arbitration would be fairer than court litigation. Arbitration is litigation, just not in court.
How much does an arbitrator cost?
At JAMS, which also does not publish its arbitrator rates, there is a great deal of variance, with fees ranging from $400 per hour to $15,000 or more per day. Setting an appropriate rate is one of the most vexing issues arbitrators face in running their practices.
How to address an arbitrator?
- Arbitrator – Mr. Arbitrator / Madam arbitrator / However they prefer (Please always ask pronounces too before addressing)
- Tribunal member.
- Name.
How does AAA select arbitrators?
All parties must mutually agree to utilize the “List and Appointment” service. If the parties are unable to agree on a proposed arbitrator, each party ranks the list of arbitrators in order of preference. The AAA extends an invitation to the highest–ranked mutually agreeable candidate and facilitates a conflicts check.
What is the rule 20 in arbitration?
Rule 20.
(b) The Arbitrator may require that each Party submit a concise written statement of position, including summaries of the facts and evidence a Party intends to present, discussion of the applicable law and the basis for the requested Award or denial of relief sought.
Can an arbitrator award costs?
(1)The tribunal may make an award allocating the costs of the arbitration as between the parties, subject to any agreement of the parties.
What can an arbitrator not do?
An Arbitrator should not use confidential information acquired during the Arbitration proceeding to gain personal advantage or advantage of others, or to affect adversely the interest of another. An Arbitrator should not inform anyone of the decision in advance of giving it to all Parties.