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What factors to consider while selecting an arbitrator

On Behalf of | Jun 5, 2020 | Alternative Dispute Resolution |

Arbitration is a popular form of dispute resolution because it allows clients to present evidence, arguments and even conduct testimonies in front of a neutral decision-maker. You don’t have to debate a case in front of a jury, and you get an opportunity to present your perspective to an arbitrator.

Another unique aspect of arbitration is that both parties choose the arbitrator – or the neutral decision-maker. It can be an excellent advantage because both parties can choose someone who has expertise in a specific topic. However, there are more factors to consider while choosing a neutral third-party.

The right background

Arbitrators are interesting roles because there is flexibility in who acts as a neutral third party. In most cases, the arbitrator will be a retired judge or an experienced lawyer who is familiar with the subject of your case. For example, if your case involves a complex business structure or contract, you may want to find an attorney or retired judge who is familiar with contract disputes. It’s essential to look past law experience and education to find someone who is an expert in your subject matter.

The right personality

Along with expertise, it’s crucial to select a person who has the right personality traits for arbitration. What qualities should you look at? Well, it’s critical to have a candidate who is organized and knowledgable. You will also need to evaluate your case and see if you need someone sympathetic, skeptical or influenced by specific intricacies of your argument. The personality you need depends on what you want to say and how you want the message to be perceived.

The right mindset

It’s evident that arbitration shares similarities to traditional court cases. However, arbitration isn’t as complicated as a classic court case. It’s about simplifying the process and receiving a resolution that works in your favor. For an arbitrator, you will need someone who understands and knows the process. It helps to choose an arbitrator who has extensive experience making fair decisions similar to your case.

The right arbitrator looks different to each case, so take your time and work with your team to find a person who will make a fair decision for both parties.